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DMINISTRATIVE APPEALS TRIBUNAL

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) merged with the Administrative Appeals Tribunal (AAT).

The AAT reviews decisions about visas made by the Department of Home Affairs under the Migration Act 1958. The decision letter from the Department of Home Affairs indicates if the AAT can review the decision and if an applicant can apply for a review.

When an appeal case is made to the AAT, a new decision will be made on the facts of the appeal case. The AAT can:

  • Affirm (not change) the primary decision (made by the department);
  • Vary the primary decision;
  • Set aside the primary decision and substitute a new decision; or
  • Remit (return) the matter back to the Department of Home Affairs for reconsideration.

At Best Migration Services (‘BMS’), immigration lawyers take a full charge to assess your AAT appeal circumstances, present legislative provisions, apply relevant precedents, prepare submissions in the most compelling manner and communicate with the AAT on your behalf during the entire AAT process to achieve the best outcome.
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