Q. What is MRT, RRT and AAT? What services they provide to people? Are there any fees to lodge appeal? How long appeal takes to come for Hearing?
A. MRT is Migration Review Tribunal; RRT is Refugee Review Tribunal and AAT is Administrative Appeals Tribunal. Now only AAT operates and MRT and RRT have become divisions among AAT. AAT reviews decisions of Dept of Home Affairs Australia when visa is refused, or visa cancelled. AAT handles various kinds of appeals and they are INDEPENDENT Body and their Hon Members take Independent Decisions. Yes, there is fee of A$1,787 to lodge an appeal; AAT can be requested to waive appeal on financial hardship grounds, but it will rarely happen. If you win appeal, you will get 50% refund from AAT. Every year from 1 July AAT fee goes up to some extent or may remain same. AAT has several thousand cases to deal with and they do not have enough Members so now it takes a year or two before your appeal can come for Hearing.
Q. What is Hearing at AAT?
A. Hearing means AAT will listen to Review applicant and witnesses and appeal will be decides upon merits of case. When you lodge an appeal to AAT; you then provide them as many evidence as possible and also provide arguments that can favour your case; you can provide supporting documents and finally AAT decides to bring the case on board and Hon Member will listen to review applicant and witnesses and this process is called Hearing. It is very important to attend hearing as review applicant and answer all questions asked honestly and do request AAT to give favourable decision.
Q. How does AAT take decisions?
A. AAT takes decisions in three ways. If they agree with decision of Dept of Home Affairs Australia, they will affirm the decision of Dept. It means that your appeal has failed, and you can then for further for Judicial Review at Federal Circuit Court or appeal to Hon Minister for Home Affairs (Hon Minister for Immigration). If AAT remits decision to Dept; it means AAT has sent back decision to Dept for reconsideration as per Immigration Laws and Regulations; and third way of making decision of AAT is to set aside decision of Dept of Home Affairs Australia; it means AAT has approved your appeal and Dept is then bound by decision of AAT to grant you visa or set aside cancellation of your visa. Please note that Dept of Home Affairs Australia also has appeal right to go to Federal Circuit Court against the decision of AAT. Very rarely Dept will go against the decision of AAT. This appeal authority called AAT is really great authority and our experience of dealing with them for last 20 years prove that they do take decision in most appropriate way possible.
Q. Can I lodge my own appeal to AAT?
A. Yes, you can lodge an appeal by yourself and your can refer to www.aat.gov.au website and follow the instructions and pay the required fees to AAT.
Q. Can I engage a Registered Migration Agent or a Lawyer for my appeal or anyone known to me help to lodge appeal?
A. Yes, you can engage a Registered Migration Agent or a Lawyer or anyone known to you can help to lodge an appeal for you. You must make sure that any person you engage must have solid and sound experience in dealing with AAT cases. It is not easy to win an appeal at AAT.
Q. How Best BMS Global assist me to lodge an appeal and to deal with my AAT Appeal?
A. BMS Global has extensive experience of dealing with AAT Appeals for over 20 years. Very recently in Feb/March 2020, we have won 4 AAT appeals in one day. BMS Global can assist you for your AAT Appeal as follows:
- When you receive visa refusal or visa cancellation, you can contact us immediately without wasting your time, and send us all pages of Dept decision by email.
- We will go through reasons for refusal or cancellation of visa and will advise you, your chances of success or how best you can lodge an appeal to AAT within time limit given.
- In most cases Dept gives 21 days time limit for onshore and 70 days for offshore application in visa refusal cases; in case of visa cancellation you may get only 2 to 5 working days to lodge an appeal so you in case of visa cancellation you have to act immediately.
- Because of our vast experience of 20 years and winning of several AAT appeals, we will assist you for lodgement of appeal, providing documents to AAT, preparation of documents, research of cases, and giving explanation to AAT how best decision can come in your favour. This is not easy task; it is an Herculean Task and only Very Highly Experienced Registered Migration Agent can assist you and you must be willing to bear the costs of AAT fees and agent’s fee. We generally provide services on lump sum fee basis.
- Please feel free to contact BMS Global anytime suitable to you for your AAT Appeal work and we assure you the best possible service to you based on our extensive and vast experience of dealing with AAT for over 20 years.