Question 1

How long do I have to appeal a visa refusal in Australia?

Accepted Answer

Time limits for AAT review are strict and vary by visa type. Most visa refusals allow 21 calendar days to lodge an AAT application if you are onshore. Some visa classes (such as student visas refused at primary stage) have longer timeframes. It is critical to get legal advice immediately after receiving a refusal letter — missing the AAT deadline means you lose your right to merits review and may be required to depart Australia. Alliance Migration Law advises on your timeframe as a first step.

Question 2

What happens at an AAT hearing for a visa refusal?

Accepted Answer

An AAT hearing is a formal but non-adversarial proceeding where the Tribunal member reviews the evidence and hears submissions from you (and your representative) before making a fresh decision on your visa application. The AAT can approve the visa (set aside the refusal), send the matter back to the Department, or affirm the refusal. Alliance Migration Law prepares your evidence file, drafts written submissions, and represents you at the hearing.

Question 3

Can I remain in Australia while my AAT appeal is being decided?

Accepted Answer

If you lodged a valid AAT application before your visa expired (or within the prescribed time after refusal), you are typically granted a Bridging Visa A that allows you to remain in Australia while the AAT determines your case. However, bridging visa conditions vary — some restrict work rights or travel. Alliance Migration Law advises on your bridging visa status immediately after AAT lodgement.

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