Can a person appeal a decision of the AAT?
Appealing AAT Decision to Court – you can appeal AAT Decision to Court if the Administrative Appeals Tribunal affirmed, that is, agreed with Department of Immigration (Department of Home Affairs) decision to refuse your visa application or to cancel your visa.
Is the AAT decision a jurisdictional error?
The AAT decision is said to have exceeded its authority or it failed to exercise the authority or power given to it under the Migration Act 1958. However, it is your responsibility to establish jurisdictional error in the Tribunal decision.
What is the effect of PAM3 under S 499?
PAM3 does not have the effect of a direction made under s 499 which would bind the decision-maker having functions or power under the Migration Act as to the performance of those functions or the exercise of those powers. What if your agent has made errors and mistakes?
What happens if my AAT case is unsuccessful?
This may still amount to thousands of dollars. If you are successful, your case will be sent back to the AAT to be reconsidered by a different AAT member. The AAT will then reassess the merits of your case and you may or may not be successful at the second AAT process. Australian visas and Court system are more complex than what you may think.
When does an AAT decision expire in Australia?
The AAT will then reassess the merits of your case and you may or may not be successful at the second AAT process. Australian visas and Court system are more complex than what you may think. If you are holding a bridging visa, it will expire 28 days after the AAT decision.
How long does it take to appeal an AAT decision?
Once the lawyer assesses your case and identifies a potential legal error in the AAT decision, you can then proceed to take the decision on judicial review. You will have 35 days from the AAT decision to appeal to Court. This time can be extended on limited occasions, but the Courts do not have to accept a late application.
When does a bridging visa expire after the AAT?
We recommend you seek legal advice before lodging an application. If you are holding a bridging visa, it will expire 28 days after the AAT decision. You can apply for another bridging visa only once you file an application with the Court.