Administrative Appeals Tribunal (AAT) Appeals
The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions made under Commonwealth laws. At Mercury Immigration Consultants, we pride ourselves on being leading experts in AAT appeals. If your visa or nomination has been refused or cancelled, don’t lose hope—an AAT appeal could be your pathway to reversing the decision. With our expert guidance and unwavering commitment, we work tirelessly to help turn the outcome in your favor.
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For an appeal from an AAT decision to succeed, the applicant must demonstrate to the judge that the AAT made an error of law that directly contributed to the unfavorable decision. Common grounds for such appeals include:
1. Denying procedural fairness to a party, or
2. Incorrectly interpreting a statute relevant to the proceeding.
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Even if an error of law is identified, the judge may still dismiss the appeal if they believe the AAT's decision was correct based on the evidence originally presented. The scope of an appeal is limited as follows:
1. The judge does not consider new evidence or information that was not part of the original case, except in special circumstances.
2. The judge does not call witnesses to give evidence.
3. The judge does review all relevant documents filed by both parties in the original case.
4. The judge does listen to legal arguments from both parties involved in the appeal.
These limitations ensure that the appeal focuses strictly on legal errors, rather than re-litigating the case.