(AAT) Administrative Appeals Tribunal: Other decisions

Can we help? 

What we can review 

We can review many other decisions made under Commonwealth laws, including decisions about: 

access to records under the Archives Act 1983 

business visa cancellation under section 134 of the Migration Act 1958 

civil aviation 

passports 

privacy 

In limited circumstances, we can review decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws. 

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

What we cannot review 

every decision made by the Australian Government or under a Norfolk Island law 

decisions made under state or territory laws, or decisions made by local governments. 

We are not always the first step in having a decision reviewed. In some cases, we cannot review a decision until there has been an internal review of the primary decision or the decision has been reviewed by someone else. 

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. 

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 department, agency or organisation 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? 

You can check the decision letter to find out what the time limit is to lodge an application for review.  

The time limit to apply for a review is usually 28 days after you receive the decision you want us to review. For some types of decisions, it is longer and for others it is shorter. 

What can I do if the time limit has expired? 

You can apply to 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 decision-maker and any other party. 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 thatv 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 the same person (an individual, organisation or other entity) applies for review of more than one decision and we decide that the applications 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 review might be dismissed if you do not pay the fee within 6 weeks after 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.