HOME(AAT) Administrative Appeals Tribunal: Migration and refugee
Migration and refugee overview
The AAT can review some, but not all, decisions about visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.
Migration
This part of our website contains information about the review of visa and visa-related decisions except for:
decisions about protection (refugee) visas, and
character-related visa decisions.
These reviews are done in the Migration and Refugee Division of the AAT under Part 5 of the Migration Act.
Refugee
This part of our website contains information about the review of decisions to refuse or cancel a protection visa except for character-related decisions about protection visas.
These reviews are done in the Migration and Refugee Division of the AAT under Part 7 of the Migration Act..
Character related visa decisions
This part of our website contains information about character related visa decisions:
to refuse or cancel any type of visa, including protection visas on character test grounds under section 501
to not revoke the mandatory cancellation of your visa on character test grounds under section 501CA
to refuse a protection visa on character grounds under sections 5H(2), 36(1C), or 36(2C).
These reviews are done in the General Division of the AAT.
Use our help tool to find the right information about the type of decision you want reviewed.
Migration
Can we help?
What we can review
We can review certain decisions made under the Migration Act 1958:
1 to refuse or cancel different types of visas
2 to refuse to approve a nomination of an occupation, activity or position
3 to bar, refuse to approve or cancel the approval of a sponsor
4 relating to requiring a security.
The Migration Act and the Migration Regulations 1994 specify what decisions we can review, or you can check the List of reviewable decisions.
The decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
This part of our website contains information about the review of all visa and visa-related decisions except for:
decisions to refuse or cancel a protection (refugee) visa, and
character-related visa decisions.
What we cannot do
1 review every decision to refuse or cancel a visa
2 review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
3 review a decision if you are not entitled to apply for a review.
How to apply
The best way to apply for a review is online. This will make sure we have all the information needed to start the review.
If you do not lodge the application online, you must use the correct migration form:
M1 - For persons not in immigration detention
M2 - For persons in immigration detention.
Strict time limits apply.
Depending on the decision under review, the person applying must be the visa applicant, the former visa holder, the sponsor or nominator, or a close relative.
Online lodgement system
If you apply online as a registered user:
you can give us documents or information at any time during the review
receive an automatic confirmation of all documents lodged
view and copy documents previously submitted.
Time limits
Is there a time limit for applying?
Yes. There are very strict time limits. The time limit to lodge an application for review varies depending on the type of decision and whether you are in immigration detention.
You can check the Department of Home Affairs decision letter to find out what the time limit is.
How do we calculate the time period to lodge an application?
The first day of the time period for lodging an application is the day on which you are taken to have been notified of the decision. This means that the time period ends on the prescribed number of days after the day on which you are taken to have been notified the decision.
What can I do if the time limit has expired?
The AAT has no power to extend the time limit to lodge an application for review.
Fees
Do I need to pay an application fee?
You must pay an application fee if you lodge an application for a review of most migration decisions.
There is no application fee if you lodge an application for review of a bridging visa decision that resulted in a person being placed in immigration detention.
How much do I have to pay?
The application fee is $3,000.
Can I pay a reduced fee?
Yes, the application fee can be reduced by 50% if we decide that paying the fee would cause you severe financial hardship.
If you want to pay a reduced fee complete the M11 Request for fee reduction form and provide supporting evidence.
When do I pay the fee?
The fee must be paid before the deadline for lodging the application.
If you want to pay a reduced fee, either the full or reduced amount must be paid and a fee reduction form lodged before the deadline for lodging the application.
How do I pay the fee?
EFTPOS
credit card (MasterCard and Visa only)
cheque
money order.
Can I receive a refund?
We will refund:
the application fee you paid if we decide that the application is invalid
50% of the full application fee if you paid the full fee and we decide you can pay the reduced fee.
If the review is decided in your favour, we will refund:
50% of the reduced fee amount you paid; or
50% of the full application fee if you paid the full fee.
If you withdraw the application for review a refund of the fee is only paid in very limited circumstances.
How will I receive my refund?
If you are entitled to get a refund of all or part of the application fee, a form will be given to you to provide bank account details for receiving the refund through electronic funds transfer (EFT).
Can my refund be paid to another person?
Yes, but only if you provide a signed request and the other person's bank details (or their name and postal address if you would like us to send a cheque).
Refugee
What we can review
We can review certain decisions to refuse or cancel a protection (refugee) visa made under the Migration Act 1958.
The Migration Act specifies what decisions we can review, or you can check the List of reviewable decisions.
The decision letter from the Department will tell you if we can review the decision and if you are a person who can apply for a review.
See other parts of our website for information about the review of:
character-related decisions about protection visas made under or relying on sections 5H(2), 36(1C), 36(2C), 501 or 501CA of the Migration Act, or
other visa and visa-related decisions.
What we cannot do
review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
review a decision to refuse a protection visa that can be reviewed by the Immigration Assessment Authority.
How to apply
The best way to apply for a review is online. This will make sure we have all the information needed to start the review.
If you do not lodge the application online, you must use the R1 - Refugee application form.
Strict time limits apply.
Depending on the decision under review, the person applying must be the visa applicant or the former visa holder.
Online lodgement system
If you apply online as a registered user:
you can give us documents or information at any time during the review
receive an automatic confirmation of all documents lodged
view and copy documents previously submitted.
Time limits
Is there a time limit for applying?
Yes. There are very strict time limits. The time limit to lodge an application for review of a protection (refugee) visa decision is:
28 days if you are not in immigration detention
7 working days if you are in immigration detention
You can check the Department of Home Affairs decision letter to find out what the time limit is.
How do we calculate the time period to lodge an application?
The first day of the time period for lodging an application for review of a protection (refugee) visa decision is the day the applicant was taken to have been notified of the decision. This means that, in general, the first day of the time period includes the day on which you have received notice of the decision.
However, if you are in immigration detention and you are taken to have received notice of the decision on a Saturday, Sunday or public holiday, the first day of the time period to lodge the application is the next working day.
What can I do if the time limit has expired?
The AAT has no power to extend the time limit to lodge an application for review.
Fees
Do I need to pay an application fee?
You do not have to pay an application fee at the time you lodge your application for review of a protection (refugee) decision.
However, if the review is not successful you must pay a fee.
How much do I have to pay?
If the review is not successful you will need to pay a fee of $1,846.
When do I pay the fee?
You will be required to pay the fee within 7 days after receiving an invoice from the AAT.
How do I pay the fee?
By following the instructions on the invoice you receive from the AAT.
If you have any questions about the fee, you should contact the AAT using the contact details provided in the invoice.
Character related visa decisions
Can we help?
What we can review
We can review the following decisions made by a delegate of the Minister for Immigration and Border Protection under the Migration Act 1958:
1 to refuse or cancel a visa, including a protection visa on character test grounds under section 501
2 to not revoke the mandatory cancellation of your visa on character test grounds under section 501CA
3 to refuse a protection visa on character grounds under sections 5H(2), 36(1C) or 36(2C).
The decision letter will tell you if we can review the decision and if you are a person who can apply for a review.
Most refusals of protection visas are not based on character grounds. See other parts of our website for information about the review of:
1 other decisions to refuse or cancel a protection (refugee) visa, or
2 other visa and visa-related decisions.
Expedited review of decisions
Special rules and strict time limits apply to a review of a decision to refuse or cancel a visa under s501 or to not revoke a mandatory cancellation of a visa under section 501CA of the Migration Act if the visa applicant or person whose visa has been cancelled is in Australia. Find more information in the Expedited review of decisions under section 501 or 501CA of the Migration Act 1958 fact sheet.
What we cannot do
review a decision under section 501 or 501CA made by the Minister personally
review the mandatory cancellation of a visa under section 501(3A) of the Migration Act: you must first apply to the Department for revocation of the mandatory cancellation.
How to apply
An easy way to apply for a review is online.
You can also apply in writing by:
filling in an application form
email (size limit 10MB)
letter.
Strict time limits apply.
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, please 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?
There are special rules in some cases.
Expedited review of decisions under section 501 or 501CA of the Migration Act 1958
Special rules apply if:
you are applying for a review of a decision:
1 to refuse or cancel a visa under section 501, or
2 to not revoke the mandatory cancellation of a visa under section 501CA
you are the visa applicant or person whose visa has been cancelled, and
you are in Australia.
In addition to lodging your application, you must also send us a copy of the decision and one of the two sets of documents you were given when the Department of Home Affairs (the Department) notified you of the decision
If you write a letter or email rather than applying online or by filling in an application form, make sure you also include:
1 your name, postal address, telephone number and email address
2 the date you received the decision
3 brief reasons why you think the decision is wrong.
If you lodge your application online, by email or by fax and you are unable to send the documents electronically, you must send us one of the two sets of documents you were given by the Department by post as soon as possible.
Other character related decisions
If you write a letter or email rather than applying online or by filling in an application form, make sure you include:
1 your name, postal address, telephone number and email address
2 a copy of the decision
3 the date you received the decision
4 brief reasons why you think the decision is wrong.
If you cannot send us a copy of the decision, then include:
1 the name of the department that made the decision
2 a brief description of the decision
3 the date the decision was made.
Time limits
Is there a time limit for applying?
Yes. Special rules and stricter time limits apply in some cases.
Expedited review of decisions made under section 501 and 501CA of the Migration Act 1958
You must lodge an application within 9 days after the day on which you were notified of the decision if:
you are applying for a review of a decision:
1 to refuse or cancel a visa under section 501
2 to not revoke the mandatory cancellation of a visa under section 501CA.
you are the visa applicant or person whose visa has been cancelled, and
you are in Australia.
If the ninth day is a Saturday, Sunday or public holiday, you must apply for a review by the next working day.
The AAT has no power to extend the time limit.
Other character test decisions
You must lodge an application for review within 28 days after the notification of the decision.
What can I do if the time limit has expired?
You can apply to us to extend the time limit to lodge the 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
by filling in an application for extension of time form and sending it to us with the application for review of a decision form
by writing an email or letter.
We will only start the review if we decide to grant you an extension of time.
What can I do if the time limit has expired?
You can apply to us to extend the time limit 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
by filling in an Application for extension of time form and sending it to us with the application for review of decision form
by writing an email or letter.
What happens after you apply for an extension of time?
We will send a copy of your extension application to the Department of Home Affairs. They have 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 1 application and we decide that they can be dealt with together, we can order that you only have to pay 1 fee.
You can ask us about paying a single fee when you lodge the applications.
When do I pay my fee?
You should pay the fee when you lodge the application. We will not start the review until you pay the fee.
The review might be dismissed if you do not pay the fee within 6 weeks of lodging the application.
How do I pay my 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.
