AAT hearing is something one may have heard of if they had their Australian visa refused or cancelled. Many applicants who have approached the Administrative Appeals Tribunal (AAT) for a visa refusal/cancellation reconsideration will have to appear for an AAT hearing, as it can impact the final decision of their case. 

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AAT hearings sound intimidating, often because people do not have clarity on the hearings and what they will be expected to know and prepare for. This blog will give readers a sense of clarity on how to prepare for an AAT hearing and what to expect at that moment. 

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AAT Overview 

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The AAT is an independent statutory body that is in place to review decisions made by the Australian government. The body consists of AAT ‘members’ who are the equivalent of judges in a courtroom, they are appointed by the government. They review decisions made by the Department of Home Affairs (DHA) pertaining to visa applications - this includes cases of protection visas and visa cancellations. 

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AAT hearings can be similar to court hearings but are more informal, as applicants are not required to have a lawyer or legal representative with them. 

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The prime aim of the AAT is to conduct a fair and impartial review process, considering all the information, evidence and circumstances of each applicant’s case.

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The Review 

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The AAT hearing is often the applicant’s final opportunity to present their case for reconsideration. Applicants are strongly advised to gather their documents and arguments before the hearing so that there is no confusion or inconsistency on the day of the review. 

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Applicants should have read the DHA’s decision for their case and noted down all the reasons why they think that the decision is wrong. Applicants may submit a statement of their reasons to the AAT before the hearing or can provide an explanation during the hearing. 

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The AAT Hearing 

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The AAT hearing can be conducted in person, by video conference or by telephone, depending on the applicant’s unique circumstances. The length of each hearing is highly subjective as it depends on how complex each applicant’s case is. Some hearings may be considerably short while others will take a much longer time. Breaks may be taken if permitted by the members. 

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Generally, the following people will be present at a hearing:

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• The AAT member who will be questioning the applicant and making a decision on the case 
• An interpreter (if required) 
• A friend or someone who will support the applicant throughout the hearing - the AAT must be informed about this prior to the hearing
• A witness to aid the applicant’s case (if applicable) - the AAT must be informed about this prior to the hearing - the witness must be relevant to the facts and issues of the case 
• The applicant’s legal representative (if required) 

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A hearing attendant will also be present during the hearing. They will take the applicant through the formalities and proceedings before the member enters the room. The attendant will leave once the preliminary proceedings begin.

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The applicant is recommended to bring their AAT hearing invitation letter, photo ID and other additional documents that they wish to provide the AAT with. 

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The applicants may address the AAT member by:

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• Their title (e.g. Senior Member, Member, Deputy President) 
• Name, or 
• A combination of both 

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Kindly note that some members of the AAT may also be judges. They can be addressed as ‘Your Honour’, and the President may simply be addressed as ‘President’. Applicants may find the members’ titles and names usually in the hearing room itself. 

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It is of absolute importance that the information provided to the members is accurate and that both parties understand each other. If an applicant with an interpreter is having difficulties with the proceedings, one of the members must be informed immediately. 

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Members may ask the applicant questions such as:

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• The events which have been included in the statement 
• What the applicant may have said during their DHA interview 
• Information that is new to the hearing 
• Evidence pertaining to the case 
• The witness and their relevance to the case 

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Applicants will be given ample opportunity to present their cases in detail to the members. While the members may ask questions throughout the hearing, it is recommended that the applicant ask the members if they have any specific concerns towards the end of the hearing. This will give them an opportunity for applicants to address their concerns and add more weight to their cases. If the applicant cannot give an answer to a concern at that moment, they may choose to respond to the concerns in writing at a later date. In such cases, a member will provide a due date for the answers. 

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The processing time for each case is highly subjective as it depends on an array of factors, such as:

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• The number of applications the AAT receives 
• The number of members available at that time to conduct reviews 
• The type of decision that is being placed under review 
• The strategies the AAT has in place for dealing with varying caseloads 
• The complexity of the applicant’s case and review

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In certain cases, the AAT’s final decision will be given at the end of the hearing itself. This decision will be stated orally, followed up with written reasons that will be given to the applicant at a later date. In most cases, however, the AAT’s decision will take up to several weeks or months. The applicant will receive this decision through email. 

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If the decision is positive, AAT will remit the applicant’s application to the DHA. The DHA will then continue to process the application. Meanwhile, the applicant may be required to provide further information such as ongoing health examinations or updated police clearance certificates, depending on the DHA’s requirements. 

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If the decision is negative, applicants may appeal the decision to the Federal Circuit and Family Court of Australia, only if there is a jurisdictional error. However, taking legal advice before such a step is highly recommended.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case.