Was Your AAT decision unsuccessful? Whats next?

Know about what happens when you get a negative decision at the Administrative Appeals Tribunal{AAT}

 If the decision given to you during the Administrative Appeals Tribunal{AAT} was negative. You have the following options 

Judicial Review at the Federal Circuit Court FCC 

Taking the AAT decision on judicial review would be the next possible step. Please remember that only the decision which have a legal or a "jurisdictional" error made by the tribunal member can be taken to the court. The court will only decide on the information it already has and primarily focus on whether the decision made by AAT had any legal error.

Time

You can take the decision on judicial review and will have 35 days from the AAT decision to appeal to court. The time can be extended on limited and exceptional circumstances. While filing an application you will have to explain what the legal error was in the AAT decision. You will attach an affidavit with your application, explaining all the relevant facts and circumstances in relation to the error and must include the decision to be reviewed and any statement of reasons for the decision which is made.

Services and Costs 

A copy has to be filed to the minister of immigration, the DOHA'S lawyers appointed to your case. This is called the service of documents and you have to comply with his rule which is applicable to all documents you provide to the court later in the process. Going to court can be expensive and there is no guarantee for a win. If the applicant has lost the case, he/she has to pay the legal costs of the winning side. If you are represented you will have to see a barrister or solicitor.Migration agents will not be able to represent you in court. The fees for this can be in thousands of dollars and if you decide to withdraw your file, you will generally have to pay a reduced proportion of the department's legal costs.

Migration Can be complex and in order for help you out in a much better fashion, please contact us 


Contact us to find out your options!

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