Australia | Visa Refusal Review, AAT / ART Appeals & Natural Justice
AAT / ART Appeal Consultants in Chandigarh
Nothing Burns Brighter than Hope! Time is the most crucial thing when you respond to a request letter, a natural justice letter or apply for a tribunal review. Your time is limited – once the deadline passes, you lose that option to prove your genuineness.
Quick answer: If your Australian visa is refused or cancelled while you are in Australia, you can usually ask for a merits review by the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. The deadline – often 21 days, sometimes only 7 working days – is stated in your refusal letter. While the review is pending you generally stay on a bridging visa. Auscan’s registered migration agents in Chandigarh and Melbourne offer a free initial consultation.
What can happen after a tribunal review?
| Decision | What it means | What happens next |
|---|---|---|
| Affirm | The tribunal agrees with the Department’s decision to refuse or cancel your visa. | The decision stands. You may consider judicial review or Ministerial intervention. |
| Vary | The tribunal changes part of the decision. | The varied decision applies. |
| Set aside and substitute | The tribunal decides the decision should be changed and replaces it with a new decision. | The new decision applies. |
| Set aside and remit | The tribunal decides the application must be reconsidered. | The Department reconsiders your application following the tribunal’s directions. |
| No jurisdiction | The tribunal has no power to review the decision (for example, it was lodged late or is not reviewable). | Other options such as Ministerial intervention may need to be explored. |
Apply for review ON TIME – your refusal or cancellation letter states exactly how many days you have.
Genuine Student (GTE) cases, request letters and natural justice
Request letters and natural justice letters are your biggest opportunities to prove your genuineness. Take them very seriously – they could be the last chance to get your visa granted before a decision is made. If you know you are a genuine applicant, our registered migration agents can support you with a well-prepared legal response.
- Genuine Student (GS) requirement – replaced the Genuine Temporary Entrant (GTE) test for student visas in March 2024. We help you answer GS concerns with clear evidence.
- Request for further information – we help you provide exactly what the case officer needs, on time.
- Natural justice / request for comment – we draft a strong, evidence-based response to adverse information.
- Refusal or cancellation – if any visa is refused while you are in Australia, you may be able to appeal to the tribunal. Your refusal letter states the decision and the number of days you have to apply.
Talk to us and discuss your case. Fix a meeting – face to face or through Zoom. We don’t charge for the initial consultation, so feel free to discuss your case and know your options. Contact us by phone, chat or the enquiry form and attach your refusal letter so we can assess your situation.
AAT to ART – how Australian visa reviews work now
If your visa is refused or cancelled, you might be able to have the decision reviewed by an independent merits review tribunal. Until 14 October 2024 this was the Administrative Appeals Tribunal (AAT); it has now been replaced by the Administrative Review Tribunal (ART).
Migration & refugee reviews
Most visa refusals and cancellations, plus refusals of sponsorship or nomination, are reviewed in the ART’s migration and refugee jurisdiction.
Character & other matters
Decisions about character (including section 501 of the Migration Act 1958), citizenship and OMARA (migration agent) matters are reviewed in other ART jurisdictional areas.
Fast track reviews
Certain protection visa “fast track” decisions were reviewed by the Immigration Assessment Authority (IAA), which was abolished together with the AAT.
Not every decision can be reviewed
For example, if the Minister for Immigration personally refuses or cancels your visa under section 501 of the Migration Act 1958, you cannot apply to the tribunal for a review.
Can I stay in Australia during the review?
Generally yes. You will usually hold a bridging visa while the review is processed, often with similar work or study conditions to your previous visa.
What if my appeal fails?
- Judicial review – in the Federal Circuit and Family Court of Australia, if you believe there was a legal error in the decision.
- Ministerial intervention – a written request asking the Minister to use personal discretion to grant a visa. You need strong, compelling reasons.
Related services: student visa, post study work visa (485), spouse visa and visitor visa.
How Auscan handles your AAT / ART appeal
- Free initial consultation – share your refusal or cancellation letter; we confirm your deadline and whether the decision is reviewable.
- Case assessment – our MARA-registered agents identify the reasons for refusal and the evidence needed to address them.
- Lodge the review on time – we file your tribunal application before the deadline.
- Submissions and evidence – we prepare written submissions, statements and supporting documents that prove your genuineness.
- Hearing preparation – we prepare you for the tribunal hearing and support you on the day.
- Next steps – after the decision, we guide you on the visa grant, remittal, or further options if needed.
MRT & tribunal testimonials
What our tribunal and visa refusal clients say about Auscan Consultants.
Hi, my name is Rajesh. I got my initial student Visa through Auscan Ludhiana. I got satisfied with Auscan during my visa processing through Meenakshi Mam in Ludhiana Office. After getting married i took help of Auscan for my wife student dependent visa where lot of my friends got decision in 12-14 months and through Auscan i received my spouse Student Dependent in 3months. Later i applied for Student visa onshore for my wife which got rejected onshore. I visited Auscan Melbourne office and took advise. Auscan MD Mr Sunil Jaggi is member of MARA & there Director Ms Divya Jaggi is also member of MARA. I applied for MRT (Tribunal case) through Auscan team and was well supported by there MARA member Ms Divya Jaggi and they helped us getting positive decision from MRT. Recently I have processed my mother in Law visitor visa and got through. I must Thank & appreciate efforts of Auscan Team who has helped me in different stages in different visa categories. I am fully satisfied with services and recommend Auscan to everyone for any kind of visas.
Hi, I am Sahil. I would like to express my gratitude for AUSCAN CONSULTANTS. I used to call them hundreds of times, yet they used to answer all my queries very enthusiastically and positively. Just about the time when things were not really favorable for me, and the situation was getting out of hand after getting my Natural justice from Immigration. There where complication while processing my file and chances of success were low. Auscan consultants stepped in and not only did they support me but pushed me too to grow and move on. They are available 24/7 not only till application process but till you land in your dream country and after that also. Special Thanks to Manu ma’am forbearing my constant calling and not giving up, always answering and delivering me the good news. I’m very thankful for each and every people of Auscan especially Manu mam and Divya mam who helped me during my tough time. All the best for making others dream come true. Thank You.
I’m very pleased to hear from Auscan today that my AAT Appeal is approved, it was my smart decision to go with AUSCAN, as I initially met with Meenakshi Mam in Ludhiana branch in 2015 and she assisted me with my student visa application, she gave me true hope without false promises and brighten my future with right direction. The one thing which always I liked about “Auscan” is there is no False promise done by the team members and no disguide, which developes more trust and reliable. My journey was with lots of hurdles, in 2018 my 485 visa was rejected and I applied my AAT with Auscan with careful consideration as they are the only one to whom I can trust, as they assisted me with my parents visa, sun dependent visa with all positive outcome. Thanks to Sunil Jaggi Sir , Divya Jaggi Mam who are members of MARA and Meenakshi Mam from Ludhiana , that they took time to help me and prepared my genuine and winning profile at AAT and my result comes with postive outcome. I can come to AUSCAN without any hesitation. I’m really thankful to AUSCAN, Thank you, So much.
AAT / ART appeal FAQs
Does the AAT still exist?
No. On 14 October 2024 the Administrative Appeals Tribunal (AAT) was abolished and replaced by the Administrative Review Tribunal (ART). The ART now reviews migration and refugee decisions, including visa refusals and cancellations. Many people still search for an “AAT appeal” – it now means an appeal to the ART.
How long do I have to appeal a visa refusal in Australia?
The time limit is written in your refusal or cancellation letter. For many onshore visa refusals it is 21 days, and in some cases it is as short as 7 working days. If you miss the deadline, the tribunal usually cannot review your case – so contact us as soon as you receive your decision.
Can I stay in Australia while my ART appeal is in progress?
Generally yes. If you applied from inside Australia, you will usually hold a bridging visa that lets you stay until the review is finished. Your work or study rights depend on the conditions of that bridging visa.
What decisions can the tribunal make on my visa appeal?
The tribunal can affirm the decision (refusal stands), vary it, set it aside and substitute a new decision, or set it aside and remit it to the Department to decide again following the tribunal’s directions. It can also find it has no jurisdiction to review the decision.
What can I do if my appeal is unsuccessful?
If the tribunal affirms the refusal, you may apply for judicial review in the Federal Circuit and Family Court of Australia if there was a legal (jurisdictional) error, or in limited cases request Ministerial intervention, where the Minister may personally grant a visa in the public interest.
What is a natural justice letter?
A natural justice letter (or “request for comment”) from the Department of Home Affairs gives you a chance to respond to information that may lead to your visa being refused. It has a strict deadline and may be your last chance to prove your case before a decision, so it must be answered carefully.
Why choose Auscan for AAT / ART appeals?
Auscan Consultants has offices in Chandigarh and Melbourne. Our directors Mr Sunil Jaggi and Ms Divya Jaggi are registered migration agents (MARA) who prepare tribunal submissions, natural justice responses and request letters. Your initial consultation is free, face to face or on Zoom.
Visa refused? Get a free case assessment
Your appeal deadline is short. Send us your refusal letter and talk to our registered migration agents in Chandigarh and Melbourne — face to face or on Zoom.
- Chandigarh: S.C.O. No 11, Sector 17-E, Above Tejees, Chandigarh – +91 172 500 2055, +91 172 500 2088
Melbourne: SE 601, Level 6, 343 Little Collins St, Melbourne VIC 3000 – +61 3 9670 9124
- Email: info@auscanimmigration.com
