In general, the Migration and Refugee Division of the AAT can review Part 5 and Part 7 decisions.
- Part 5 reviewable decisions relate to the grant or cancellation of visas in some circumstances. They do not include decisions relating to protection visas or temporary safe haven visas, or decisions in relation to which the Minister has given a “conclusive certificate”.
- If you are concerned whether any decision applicable to you is or is not reviewable, contact us for advice.
- Part 7 reviewable decisions generally relate to protection visas.
The General Division of the Administrative Appeals Tribunal may also review some decisions, including the following:
- some decisions to cancel business visas
- some decisions relating to deportation, protection visas and the refusal or cancellation of
Decisions which the AAT can review in relation to Citizenship matters under the Citizenship Act
Reviewable decisions of the Minister for Immigration and Border Protection:
· to refuse or to approve a person becoming an Australian citizen
· to cancel an approval given to a person to become an Australian citizen
· to refuse to approve a person becoming an Australian citizen again
· to refuse to approve a person renouncing his or her Australian citizenship (other than a refusal because the person is also a citizen or national of a country at war with Australia)
· to revoke a person’s Australian citizenship
· Some decisions, (eg If based on the ground the applicant has been convicted of a serious crime) may not be reviewable.
· If you are concerned whether any decision applicable to you is or is not reviewable, contact us for advice.
- An applicant must apply for a review within the time-limit set by the AAT. Late applications are not entertained.
- A hearing before the AAT is less formal than a court hearing. It is presided over by a Tribunal “member”, not by a judicial officer (magistrate or judge).
- You may be accompanied by your representative and/or a friend or support person
- The Tribunal will provide an interpreter, if required.
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