If the Department of Home Affairs refuses your visa application or cancels your existing visa, you may have the right to have that decision reviewed by an independent body — the Administrative Appeals Tribunal (AAT). The AAT is not a court. It conducts a fresh review of the merits of your case, which means it can look at all the evidence again and substitute a new decision if it finds the Department was wrong.

AAT review is available for a wide range of visa types, including partner visas, student visas, skilled visas, parent visas, and certain temporary visas. The availability of review rights depends on the visa subclass, where the applicant was located at the time of the decision (onshore or offshore), and whether the applicant is an Australian citizen or permanent resident sponsor.

It is important to understand that lodging an application with the AAT does not automatically mean you will succeed. However, it does provide a meaningful opportunity to present additional evidence, have errors corrected, and have compassionate circumstances considered that the Department may have overlooked.