Merits review · Filing windows are strict · Get advice on day one
AAT migration appeals: 2026 guide
Refused a visa or had one cancelled? The Administrative Appeals Tribunal Migration and Refugee Division (transitioning to Administrative Review Tribunal from October 2024) is the merits review pathway. Windows are tight, the process is slow, and representation matters. Here is what to expect.
★Key takeaways
- ✓The AAT Migration and Refugee Division reviews most visa refusal and cancellation decisions. From 14 October 2024, the AAT is being replaced by the new Administrative Review Tribunal (ART) – same process, new branding.
- ✓Filing window is typically 21 days from refusal notification for onshore decisions, 70 days for offshore partner visas, and as little as 2–7 working days for bridging visa and protection visa decisions. Miss the window and review rights are lost.
- ✓Filing fee is $3,374 as at financial year 2024–25 (indexed annually 1 July). Half-fee concession available in financial hardship.
- ✓Current processing is 12–18 months from filing to hearing. Most decisions come 4–8 weeks after hearing.
- ✓Partner visa appeals have the highest success rates (38–45%); visitor visa appeals the lowest (12–18%). Strong representation and complete documentation are by far the biggest predictors.
- ✓Migration agent or immigration lawyer fees for AAT representation run $5,000–$15,000. The all-in cost for a represented appeal is typically $10,000–$18,000 including the filing fee.
Reviewable decisions
What you can and can’t appeal
Not every Departmental decision is reviewable at the AAT. The Migration Act sets out specific categories. Below are the most common appealable decision types with current filing windows.
| Decision | Filing window | Notes |
|---|---|---|
| Refusal of a partner visa (820/801, 309/100, 300) | 21 days onshore; 70 days offshore | One of the highest-volume AAT migration appeal categories. Evidence of genuine relationship is the central issue. |
| Refusal of a skilled visa (189, 190, 491) | 21 days onshore | Skilled refusals often turn on skills assessment validity, English score timing or points calculation. Reviewable when the applicant or sponsor seeks merits review. |
| Refusal of an employer-sponsored visa (482, 186, 494) | 21 days for the sponsor; 21 days for visa applicant onshore | Sponsorship-related refusals often hinge on genuine position tests, market salary calculations, or labour market testing evidence. |
| Cancellation of a substantive visa | 7 days (cancellation while in detention) or 21 days otherwise | Section 109 (incorrect information), section 116 (general grounds) and section 501 (character) cancellations all have AAT review rights but tight windows. |
| Refusal of a student visa (500) | 21 days onshore; not reviewable offshore for many GS-based refusals | Student refusals are usually based on Genuine Student criterion. Offshore student refusals have very limited AAT rights. |
| Refusal of a Protection visa (866) | 7 days from notification (separate Refugee Division process) | Heard by the AAT Refugee Division (formerly RRT). Different process from Migration Division. |
| Refusal of a Bridging visa | 2 working days | Very tight window. Bridging visa refusals are commonly tied to broader visa cancellation and detention. Get to a lawyer immediately. |
| Refusal of citizenship by conferral | 28 days | Citizenship refusals go to the AAT General Division, not Migration Division. Common grounds: character, residence requirement, language. |
Source: AAT migration appeal types index, Migration Act 1958 Part 5 (Migration Division) and Part 7 (Refugee Division). Always confirm current filing windows against the AAT website (aat.gov.au) – they have been adjusted at various points in the last 5 years.
Cost
What an AAT appeal actually costs
AAT filing fee
$3,374
Financial year 2024–25. Indexed annually 1 July. 50% concession available in financial hardship.
Migration agent / lawyer fees
$5k – $15k
Typical range for represented appeal. Partner visa appeals tend lower ($5k–$8k); cancellation and 501 character matters higher ($10k–$20k).
Total cost (represented)
$10k – $18k
Filing fee + agent/lawyer fees + incidentals (witness travel, translations, expert reports if needed).
Self-represented
$3,374+
Filing fee only. Possible for simple matters but success rate is significantly lower than for represented applicants.
Process
The hearing process, step by step
Step 1: File within the window. 21 days is standard for onshore Migration Division matters. The filing form (online via AAT website), the filing fee and the Department’s decision record must be submitted within that window. Late lodgement is fatal except in extremely narrow extension-of-time circumstances.
Step 2: Department releases the decision record. Within 4–6 weeks of filing, the Department of Home Affairs is required to provide the full decision-maker file to the AAT and to you. This is your evidence base for the appeal – it contains the original application, all submissions, and the case officer’s reasoning.
Step 3: Pre-hearing directions. The AAT will set a pre-hearing direction date (usually 6–12 months from filing in 2026 with the current backlog). At the direction hearing the Member sets a hearing date, requests further documents, and clarifies the issues. Most matters can be resolved or settled at this stage.
Step 4: Hearing. Single Member oral hearing, typically 2–4 hours. You give evidence in chief, the Department asks questions, your representative re-examines, and any witnesses you have brought are called. The Member can also ask questions directly. Hearings are conducted in private but the decision is published (with redactions for personal information).
Step 5: Decision. Most decisions come 4–8 weeks after hearing. The AAT can affirm the original decision, set it aside and substitute its own decision, or remit the matter back to the Department with directions. If remitted, the Department reconsiders against the AAT’s reasoning.
Success rates
Set-aside rates by visa type
“Success” at AAT typically means the original refusal is set aside (the visa is granted) or remitted to the Department with directions favourable to the applicant. AAT publishes set-aside rates in its annual reports.
| Visa type | Set-aside rate | Source |
|---|---|---|
| Partner visa | 38–45% | AAT Annual Report Migration Division statistics |
| Student visa (onshore) | 24–30% | AAT Annual Report 2023–24 |
| Skilled visa | 18–25% | AAT Annual Report 2023–24 |
| Employer-sponsored (482, 186) | 32–40% | AAT Annual Report 2023–24 |
| Visitor visa refusal | 12–18% | AAT Annual Report 2023–24 |
| Section 501 character cancellation | 15–25% (highly fact-dependent) | AAT Annual Report 2023–24 |
Set-aside rates vary year-on-year. The figures above are 2-year averages for indicative comparison. Strong representation and complete documentation typically lifts an applicant’s odds above the published averages.
Post-AAT options
If the AAT affirms the refusal
Judicial review (Federal Circuit and Family Court of Australia). Available within 35 days of the AAT decision. JR is on points of law, not on the merits. Common grounds: jurisdictional error, denial of procedural fairness, failure to consider relevant material, taking into account irrelevant considerations. Around 8–15% of JR applications succeed, and the only remedy is remittal to the AAT for re-hearing. Cost: $4,000–$8,000 in court filing fees plus $15,000–$40,000 in legal fees.
Ministerial intervention (section 351 / 417). The Minister for Immigration has personal, non-compellable power to intervene in exceptional cases. Around 5,000 requests are made per year and about 100–200 result in intervention. Submissions need to demonstrate “unique or exceptional circumstances” – strong public interest grounds, irreversible humanitarian consequences, exceptional contribution to Australia. Cost: $5,000–$15,000 in agent / lawyer fees; processing 12–24+ months.
Voluntary departure. If neither JR nor ministerial intervention is realistic, voluntary departure (often via a Bridging Visa E) avoids the consequences of becoming unlawful, which include 3-year bans on re-applying for some visa types. Voluntary departure preserves future visa eligibility better than letting status lapse.
Critically, none of these post-AAT pathways have high success rates. The realistic strategy for most refused applicants is to win at the AAT or accept the outcome. That is why representation and evidence quality at AAT stage matters so much.
Common questions
AAT migration appeals – common questions
How long does an AAT migration appeal take in 2026?
Currently 12–18 months from filing to hearing for most Migration Division matters as at January 2026. The AAT has a structural backlog from the post-COVID years and successive Government funding reviews. Partner visa and skilled visa appeals are typically toward the longer end; visitor visa appeals are slightly faster. Expect 18+ months total from filing to decision.
How much does an AAT appeal cost?
AAT filing fee is currently $3,374 for most Migration Division matters as at financial year 2024–25 (indexed annually 1 July). A 50% concession is available for applicants in financial hardship. Migration agent or immigration lawyer fees for AAT representation typically run $5,000 – $15,000 depending on visa type and complexity. Total all-in for a represented partner visa appeal: $10,000 – $18,000.
Can I work while my AAT appeal is pending?
You will be granted a Bridging Visa A or E depending on the circumstances of your last substantive visa. BVA generally retains the same work rights as your previous substantive visa. BVE work rights are heavily restricted and require a separate application showing financial hardship. Get advice immediately on which bridging visa you are on and whether you can apply for work rights.
What happens at the AAT hearing?
A single AAT Member hears your case. The Department of Home Affairs is the respondent and is represented by a Departmental advocate. You give evidence (and any witnesses you bring), the Department asks questions, you can ask questions back. Hearings are usually 2–4 hours. The Member can take some matters “on the papers” without an oral hearing if the case is simple and the parties agree.
What if I lose at the AAT?
Your options narrow significantly. Judicial Review in the Federal Circuit Court is available on points of law (not merits) within 35 days of the AAT decision. Ministerial intervention under section 351 (or section 417 for protection visas) is available in limited circumstances of exceptional case. Most applicants who lose at the AAT either leave Australia (voluntary departure) or accept the bridging visa expiring and become unlawful. Get legal advice on whether judicial review or ministerial intervention is realistic for your facts.
Next step
Speak to a migration lawyer or AAT-experienced MARA agent
Filing windows are strict and the AAT process is unforgiving of self-represented procedural mistakes. Engage representation within the first week of receiving the refusal. Many MARA-registered agents and immigration lawyers offer free initial consultations on refusals.