Reviews, Appeals & Ministerial Intervention

Independent Review at the Administrative Appeals Tribunal (AAT)

 

The AAT is the independent administrative tribunal that reviews certain decisions made by the Department of Home Affairs regarding visas. When a refusal or cancellation is eligible for merits review, the AAT examines the case afresh, looking at all evidence, your circumstances and whether the original decision was correct or not.

 

Key Features of AAT Review:

• Review must typically be lodged within strict time-limits (e.g., 21 days from decision notice in many cases).

• The AAT may request additional documentation, hold a hearing, and substitute the original decision if appropriate.

• Reviews cover a wide range of visa types, including skill, work, partner and protection-related decisions.

• A successful AAT appeal can restore or grant a visa; if unsuccessful, further steps such as judicial review or Ministerial intervention may follow.

 

What You Should Know

• It’s essential to prepare a strong, well-structured case showing why the original decision was incorrect, including new or overlooked evidence.

• Staying on a lawful visa during the process is vital — bridging visa or lawful status questions often arise.

• The AAT process can be lengthy; while you await outcome, ongoing compliance and keeping your status valid is critical.

 

Judicial Review: Legal Oversight of Decision-Making

 

If you believe the decision involved a legal or procedural error (not just a merits error), you may pursue judicial review in the Federal Circuit and Family Court of Australia. This is available when there is a jurisdictional error — for example, if the decision-maker failed to follow legal obligations, misinterpreted the law or neglected procedural fairness.

 

Ministerial Intervention — A Final Safety Net

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When all other merits and legal review options are exhausted, you may be eligible to request Ministerial Intervention under the Migration Act 1958 (Sections 351, 417 and 501J). This is not an automatic right: the powers are discretionary, non­-delegable and non-reviewable — meaning the Minister has sole authority and cannot be compelled to make a decision.

 

Scope of Ministerial Intervention

• Section 351: Applies to most non-protection visa decisions where the AAT has already made a decision.

• Section 417: Pertains to protection visa decisions (e.g., refugee or humanitarian cases) after AAT review.

• Section 501J: Applies to character-related decisions (e.g., cancellation or refusal based on criminal or security character provisions).

 

When Might Intervention Be Considered?

 

While each case is decided on its own merits, intervention may be considered when:

• There are compelling or compassionate circumstances (e.g., serious health issues, vulnerable family members, long-term residence).

• Significant ties to Australia exist — such as community contribution, employment, education or family relationships.

• Removal from Australia would cause undue hardship or there is a public interest dimension (for example significant benefit to the Australian community).

• New evidence or changed circumstances have emerged since the original decision.

 

Important Facts

• The Minister’s power is non-reviewable — you cannot appeal if intervention is denied.

• Requests must often include comprehensive submissions, new evidence and clear legal and humanitarian arguments.

• A very small percentage of requests are approved, so early expert assistance is key.

 

Why Professional Support Matters

Navigating complex visa review and intervention processes requires a strong understanding of Australian migration law, procedural rules, and evidentiary standards. Each stage demands accuracy, strategy, and well-prepared documentation to achieve the best possible result.

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Engaging a Registered Migration Agent or immigration lawyer ensures that your application or appeal is professionally managed from start to finish. We help you interpret legislation, identify the most effective legal pathway, and prepare persuasive submissions supported by solid evidence. With expert guidance, you can approach each step of the process with clarity and confidence, knowing that your case is being handled with care, precision, and integrity.

 

How can we support you?

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Navigating visa refusals, cancellations, or intervention requests can be daunting — both legally and emotionally. Each stage of review or appeal comes with strict timelines, procedural rules, and documentation standards. As Registered Migration Agents, we offer personalised, strategic, and compassionate support to guide you through every step of the process.

 

Our goal is not only to help you lodge an application or request, but to present your story clearly, compellingly, and in accordance with Australian migration law, maximising your chances of a positive outcome.

 

Comprehensive Case Assessment and Strategy

Every case is unique — and so is our approach. We begin with a thorough assessment of your visa history, refusal or cancellation reasons, and all available documentation. We review the Department’s decision records, your previous submissions, and any prior AAT or court outcomes.

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From there, we:

• Identify all viable pathways — including AAT review, Ministerial Intervention, or judicial review options.

• Determine whether new evidence, compassionate factors, or legal arguments can strengthen your case.

• Develop a custom strategy to address weaknesses, fill evidentiary gaps, and highlight your individual circumstances.

• Explain the potential outcomes, timeframes, and next steps clearly, so you know exactly what to expect.

 

Our assessments are detailed, and practical — ensuring you understand both your options and the likelihood of success before proceeding.

 

Preparing a Strong and Persuasive Submission

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Success in complex immigration matters often depends on how well your case is presented. We assist you in preparing comprehensive, well-structured submissions that clearly communicate your circumstances and meet all procedural requirements.

 

Our preparation includes:

• Reviewing and organising all supporting documents, including identity, health, police, employment, and family records.

• Advising you on specific evidence the AAT or Minister may consider persuasive, such as community references, expert letters, or hardship statements.

• Drafting clear, legally sound submissions that address the reasons for refusal or cancellation directly, citing relevant provisions of the Migration Act 1958 and applicable case law.

• Ensuring your presentation is factually accurate, consistent, and compassionate, showing both compliance and personal merit.

 

We take the time to ensure every detail is right — because accuracy, clarity, and credibility can make all the difference.

 

Representation at the Administrative Appeals Tribunal (AAT)

 

The AAT review process can be complex, formal, and intimidating. We provide professional representation throughout your AAT review, giving you confidence and guidance at every step.

 

Our services include:

• Preparing you for your AAT hearing — explaining what to expect, what questions may be asked, and how to respond effectively.

• Drafting legal submissions that align with AAT procedures and decision-making principles.

• Managing all communication with the Tribunal, including responses to requests for further information or evidence.

• Attending hearings on your behalf (or alongside you) to ensure your case is presented respectfully, accurately, and persuasively.

• Following up on post-hearing procedures and keeping you informed until the decision is finalised.

 

Our representation aims to make sure your voice is heard and your rights are protected throughout the process.

 

Ministerial Intervention Requests

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When traditional review options have been exhausted, we help clients prepare and submit Ministerial Intervention Requests — often the final opportunity for compassionate or exceptional consideration.

 

We work closely with you to:

• Evaluate whether your situation meets the Ministerial Guidelines for intervention under sections 351, 417, or 501J of the Migration Act 1958.

• Identify and document compelling humanitarian factors such as long-term community contribution, health issues, family circumstances, or hardship if removed.

• Structure a comprehensive and persuasive request supported by letters of support, community endorsements, and evidence of your ties to Australia.

• Manage communication with the Department and ensure your request complies with current policy and procedural requirements.

 

We understand the sensitivity and urgency of these cases and handle them with the utmost care, discretion, and professionalism.

 

Judicial Review Guidance and Referrals

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If your case involves potential legal or procedural errors, we advise whether judicial review is an appropriate next step.
While Registered Migration Agents cannot represent clients directly in court, we:

• Identify possible jurisdictional errors or breaches of natural justice.

• Prepare comprehensive summaries for referral to a migration lawyer or barrister.

• Work collaboratively with legal counsel to ensure continuity and accuracy in your case presentation.

 

This integrated approach ensures that every possible avenue is explored and that you are never left navigating the process alone.

 

Maintaining Lawful Status and Managing Bridging Visas

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During appeals or reviews, maintaining your lawful status in Australia is essential. We assist in:

• Determining the appropriate Bridging Visa to keep you lawfully present during your review or intervention process.

• Advising on work rights, travel restrictions, and visa conditions attached to your bridging visa.

• Ensuring all applications and renewals are lodged on time to prevent unlawful stay or further complications.

 

Ongoing Support and Communication

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Immigration processes can take months — sometimes years. Our commitment to you continues throughout this period.
We provide:

• Regular updates on your case progress and Department or AAT correspondence.

• Prompt responses to any questions or document requests.

• Ongoing advice on next steps, including re-application options, status transitions, and future permanent residence or citizenship pathways.

 

We believe in clear communication, transparency, and continuous support — because immigration outcomes impact lives, families, and futures.