Applying to the AAT

Further information for non-citizens of Australia seeking a review of a decision under section 501 of the Migration Act

The information in this sheet is for people who have asked the Administrative Appeals Tribunal (AAT) to review a decision of a Delegate of the Minister for Immigration and Multicultural Affairs under section 501 of the Migration Act 1958. The Delegate of the Minister has decided that you do not meet the character requirements and has decided to refuse your application for a visa or to cancel your visa.

This information sheet has been prepared to help you understand how the AAT will deal with your application and how to present your case.

WHAT DOES THE AAT DO?

The AAT is independent from the Department of Immigration and Citizenship. It looks at the information relevant to your case and makes its own decision about whether your visa application should be granted or refused or whether your visa should or should not be cancelled under section 501 of the Migration Act 1958.

The AAT will make its decision within 12 weeks after the day on which you were notified of the decision to refuse your visa application or to cancel your visa.

WHAT HAPPENS NEXT?

A person from the AAT called a Registrar will telephone you within 2 weeks to explain what happens next.

It is very important that the AAT is able to contact you. If the telephone number or address you have given us changes at any time, you must telephone the AAT on 1300 366 700 and let us know your new telephone number and address.

AAT will provide an interpreter if you need one

If you need an interpreter at any stage of your application, the AAT will arrange and pay for an interpreter. If you have not already told us that you need an interpreter, telephone the AAT on 1300 366 700 and let us know the language that you speak. You can telephone the Translating and Interpreter Service (TIS) on 131 450 and ask them to help you when you telephone the AAT about this.

Do you need help from a lawyer, migration agent, friend or family member?

When the Registrar calls you, he or she will talk to you about who can help you with your application in the AAT. This help does not have to be from a lawyer or a migration agent. It could be from a member of your family or a friend. If you want to, you can handle the application yourself.

If you want a lawyer or a migration agent to represent you, you must arrange this yourself as soon as possible. If you do get a lawyer or a migration agent, make sure you tell them to contact the AAT to let us know that they are representing you.

Assistance for people in prison

There may be a Welfare Officer or Chaplain in the prison who can help you with your application in the AAT. If someone in the prison is able to help you, please tell the Registrar the person's name and telephone number and the best times to contact that person. You should also ask the person to contact the AAT.

TELEPHONE DIRECTIONS HEARING

About 1 week after the Registrar has telephoned you, a Member of the AAT will hold what is called a Telephone Directions Hearing. The Member of the AAT will telephone you and a representative from the Department of Immigration and Citizenship and the three of you will talk about your case.

It is very important that you are available for the Telephone Directions Hearing.

If you are in prison or in immigration detention, the AAT will arrange for you to have access to a telephone. It would be helpful if you could find out where that telephone will be and what number the AAT should call to reach you. You should find this out before the Registrar telephones you in the next 2 weeks.

In some cases, the AAT may be able to arrange for you to come to the AAT for the Telephone Directions Hearing. The Registrar will talk to you about this when he or she telephones you.

If you are not in prison or immigration detention, you can come to the AAT in person to take part in the Telephone Directions Hearing. You should tell the Registrar if you want to come in person.

If you are represented by a lawyer or a migration agent, your representative will also participate in the Telephone Direction Hearing.

What you need for the Telephone Directions Hearing

It is important that you have with you the documents that the Department gave to you when they told you about their decision. You gave one set of these documents to the AAT when you made your application. The Member of the AAT will talk about what is in these documents with you and with the representative of the Department.

What will be discussed during the Telephone Directions Hearing?

The Member of the AAT will talk to you and the representative of the Department about many things to do with your case. The Member might talk about any of the following things:

• The reasons why the Department made the decision.
• The reasons why you think the Department's decision is wrong.
• What kind of information might support your case.
• How to get information that might support your case.
• Time limits for providing information to the Department.
• Whether the Member of the AAT will hold a Hearing.
• The information that the Department will provide if there is a Hearing.
• The date by which the AAT must give you its decision.

At the end of the Telephone Directions Hearing, the Member of the AAT might tell you to give more information to the AAT and to the Department by a certain date. The Member might also tell the Department to give you and the AAT some more information.

The Member of the AAT might also decide to hold another Telephone Directions Hearing to talk some more about your case. If so, the Member will tell you the date and time.

HEARING

When will the Hearing be?

You will be advised of the day and time of the Hearing.

Preparing for the Hearing

At the Hearing you will have the chance to give the AAT information which supports why you think the Department's decision was wrong. You can also ask your family and friends and other people to give information to the AAT about you and your situation. These people are called your witnesses.

There are special rules about giving this information to the AAT. You must follow these rules if you want the AAT to use the information when it makes its decision. Please read the following rules carefully.

What to do if you want to give the AAT information at a Hearing?

The information that you or anyone else gives the AAT in the Hearing is called evidence. This includes anything you or your witnesses say to the AAT and any documents you want the AAT to look at like references or other documents from family members, friends, employers and others.

You can fax the documents to Director of Litigation, Department of Immigration and Citizenship on (02) 6264 1401. If you do not have access to a fax machine, you can send the documents to the following address:

Director of Litigation
Legal Branch
Department of Immigration and Citizenship
PO Box 25
BELCONNEN ACT 2616

You must also fax or send copies of anything you send to the Department to the AAT.

If the evidence you want to give the AAT is in the documents that the Department gave you with the decision, you do not have to send it to the Department before the Hearing.

Do I need to tell my witnesses to come to the AAT?

If you have any references or other documents from family members, friends, employers and others that support your case and you have given these documents to the Department, it would be helpful if these people could come to the Hearing and tell the AAT in person what they have said about you in the documents.

You must arrange for your witnesses to come to the AAT on the day of your Hearing. If they cannot attend in person, they may be able to give their information to the AAT by telephone. You should talk to the Member of the AAT about this at the Telephone Directions Hearing or contact the AAT.

Where will the Hearing be?

The Member of the AAT will tell you at the Telephone Directions Hearing whether your Hearing will be in person at the AAT, or by telephone or video.

If the Hearing is held at the AAT's premises and you are currently in prison or immigration detention, the AAT will arrange for you to come to the AAT for the Hearing.

The Hearing will be held in a hearing room, which looks similar to a court room.

Will the Hearing be in public?

Hearings are generally held in public. However, the AAT can decide to hold all or part of the Hearing in private if you or the Department ask for it to be in private. The AAT can also decide who will be in the room at a Hearing. You should talk to the Member of the AAT about this at the Telephone Directions Hearing or contact the AAT.

What happens at a Hearing?

At the beginning of the Hearing, the Member of the AAT will usually ask the representative of the Department to talk briefly about the main issues in your case.

You will have the chance to give your evidence to the AAT. If you have complied with the special rules about giving information to the Department, you can tell the AAT about yourself and your situation and you can give any documents to the AAT. Your witnesses can also tell the AAT about you and your situation.

When you give your evidence to the AAT, the representative of the Department and the Member of the AAT can ask you questions. The representative of the Department and the Member of the AAT can also ask your witnesses questions.

The representative of the Department will also have the chance to give information to the AAT. If the Department has any witnesses, you and the Member of the AAT can ask them questions.

After all the witnesses have had their say, both you and the Department will have an opportunity to make a final statement. This is a brief summary of why you think the AAT should make a different decision.

Will I definitely have a Hearing?

The Member of the AAT will talk to you at the Telephone Directions Hearing about whether or not there will be a Hearing in your case. For example, if you do not have any extra information to give to the AAT about your case the Member might suggest there is no need to hold a Hearing.

If you and the representative of the Department agree that there is no need to have a Hearing, your case will be decided on the written information that has been given to the AAT. You will be able to send a letter to the AAT saying why you think the AAT should make a different decision in your case.

WHEN WILL YOU GET YOUR DECISION?

If there has been a Hearing, the Member of the AAT will either give you a decision at the end of the Hearing or tell you that he or she needs more time to make a decision. If you do not get a decision at the end of a Hearing, the AAT will contact you when the decision is ready. You can come and collect the decision or the AAT will send you a copy of the decision.