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(AAT) Administrative Appeals Tribunal: Citizenship

2020-12-08 08:02:00


Can we help? 

What we can review 

We can review a decision made by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration to: 

  

refuse to approve a person becoming an Australian citizen under section 17, 19D or 24 of the Australian Citizenship Act 2007 

cancel an approval given to a person to become an Australian citizen under section 25 

refuse to approve a person becoming an Australian citizen again under section 30 

refuse to approve a person renouncing his or her Australian citizenship under section 33 

revoke a persons Australian citizenship under section 34 or 36. 

The decision letter should tell you if we can review the decision or you can check the List of reviewable decisions. 

  

How to apply 

An easy way to apply for a review is online.  

  

You can also apply by: 

  

filling in an application form 

email (limit 10MB) 

letter. 

Check our contact details to lodge an application at one of our registries or send the application by post, email or fax. 

  

If applying by email, check our email guidelines. 

  

We have a video guide which explains more about how to apply for a review. 

  

What information do I need to give? 

If you write a letter or email, make sure you include: 

  

your name, postal address, telephone number and email address 

the date you received the decision 

a copy of the decision 

brief reasons why you think the decision is wrong. 

If you cannot send us a copy of the decision, then include: 

  

the name of the department that made the decision 

a brief description of the decision 

the date the decision was made. 

  

 
 

Time limits 

Is there a time limit for applying? 

Yes. You must lodge an application for review within 28 days after you receive the decision from the Department of Home Affairs (the Department). 

  

What can I do if the time limit has expired? 

You can ask us to extend the time to lodge your application. You must apply in writing and include reasons why the application is late. You can do this: 

  

when you lodge your application for review online; or 

by filling in an application for extension of time form and sending it to us with the application for review of decision form; or 

by writing an email or letter. 

Check our contact details to lodge the application at one of our registries, or send the application by post, email or fax.  

  

What happens after you apply for an extension of time? 

We will send a copy of your extension application to the Department. The Department has 14 days to tell us if they oppose the application. 

  

If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at the AAT's offices. 

  

We will only start the review if we decide to extend the time limit. 

 
 

Fees 

Do I need to pay an application fee? 

Yes. 

  

How much do I have to pay? 

The standard application fee is $962. 

  

Can I pay a reduced fee? 

Yes, a reduced fee of $100 can be paid if: 

  

legal aid has been granted for the review 

you hold a health care card, pensioner concession card,  Commonwealth seniors health card or other card that certifies entitlement to Commonwealth health concessions 

you are in prison, immigration detention or otherwise detained in a public institution 

you are under 18 years of age 

you receive Youth Allowance, Austudy or ABSTUDY Centrelink payments 

we decide payment of the application fee would cause you financial hardship. 

You must give us evidence that you are eligible to pay a reduced fee. 

  

To ask for a fee reduction under financial hardship you must fill in the Request for fee reduction form. You should send us this form when you lodge the application. 

  

What if I have more than one application for review? 

If you make more than one application and we decide that they can be dealt with together, we can order that you only have to pay one fee. 

  

You can ask us about paying a single fee when you lodge the applications. 

  

When do I pay the fee? 

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. 

  

The application might be dismissed if you do not pay the fee within 6 weeks of lodging the application. 

  

How do I pay the fee? 

EFTPOS 

credit card (MasterCard and Visa only) 

cheque 

money order 

cash. 

Credit card payments can also be made by phone. 

  

Can I receive a refund? 

We will refund: 

  

the entire application fee if you were not required to pay it 

the difference between the fee you paid and $100, if we decide you can pay the reduced fee 

the difference between the fee you paid and $100, if the review is decided in your favour. 

There is no refund if you paid the reduced fee of $100.