Migration Agent for Visa Appeals and AAT Reviews

How Visa Appeals Work at the AAT

A visa appeal at the AAT is a merits review — the tribunal makes a fresh decision on your case. You can present new evidence, correct errors in your original application, and make legal arguments about how migration law should be applied. The AAT can affirm the refusal, set it aside and substitute a more favourable decision, or remit it to the Department for reconsideration. This is fundamentally different from a court appeal, which only reviews legal errors. The AAT looks at the whole case again.

Strict Deadlines — Why Speed Matters

You typically have 21 days (if in Australia) or 28 days (if overseas) from notification of the decision to lodge an AAT review application. These deadlines are strict — if you miss them, you lose your right to review entirely. Contact an agent immediately after receiving a refusal notice. Do not spend the first two weeks researching online. Getting professional advice within the first few days is critical.

What Makes a Strong Appeal

The strongest appeals address the specific refusal reasons with new or better evidence. An experienced appeal agent identifies exactly what was missing or misunderstood in the original decision, gathers additional evidence, and prepares submissions that address each ground of refusal. They also prepare you for the hearing — what to expect, how to answer questions, and what the tribunal is looking for. Weak appeals are ones that simply resubmit the same evidence and hope for a different outcome.

AAT Success Rates

Overall AAT success rates for migration matters vary by visa type and refusal reasons. Cases with strong new evidence, clear presentation improvements, or identifiable departmental errors have much higher rates than cases where the fundamental issue remains unresolved. Your agent can assess your specific prospects after reviewing the refusal reasons and available evidence. Be cautious of any agent who promises a specific success percentage without seeing your case.

AAT vs Reapplication — Which Is Better

Sometimes review is the stronger path. Sometimes a fresh application is better — particularly if the refusal was based on missing evidence you can now provide or if circumstances have changed significantly. An agent assesses which route gives the best combination of success prospects, cost, and timeline. In some cases, both options are pursued. The decision should be strategic, not reactive.

Costs of AAT Review

Agent fees for AAT review typically range from $3,000 to $10,000 or more depending on complexity. The AAT filing fee is approximately $3,000, which is partially refundable if the decision is overturned in your favour. The total cost is significant, but it must be weighed against the cost of accepting the refusal — lost government charges, lost time, and the impact on future applications.

Get Matched with Appeal Specialists

If your visa has been refused, time is critical. Describe your situation through Migratio and get matched with 3 agents experienced in AAT reviews for your visa type. Free, no obligation, and designed to get you specialist advice before deadlines pass.

What are my chances at the AAT?

Success rates vary by visa type and refusal reasons. Cases with strong new evidence have better prospects. Your agent assesses your specific chances after reviewing the refusal.

Can I stay in Australia during the appeal?

If you lodge the review within the deadline while in Australia, you generally receive a bridging visa. Your agent ensures the review is lodged correctly to protect your right to stay.

Is an appeal the same as a reapplication?

No. An appeal reviews the original decision. A reapplication is entirely new. Sometimes one is better than the other depending on your circumstances.

What happens at the AAT hearing?

You attend a hearing before a tribunal member who asks questions about your case. Your agent presents submissions and evidence. The decision is usually communicated in writing within a few weeks.

What if the AAT also refuses?

Options may include judicial review at the Federal Circuit Court, ministerial intervention, or a fresh application. Your agent advises on the most viable next step.