When we make a decision on a review, with the exception of some oral decisions, a written statement of the decision and reasons is prepared and provided to you and the Department of Home Affairs.
In some cases, the Member may announce the decision at the end of the hearing. The Member may decide to send the applicant written reasons for the oral decision, in which case you will be sent the reasons within 14 days after the hearing. Alternatively, the Member may announce the decision and make an oral statement of the reasons for the decision at the hearing. If this occurs, you are entitled to make a written request within 14 days of the hearing for us to provide you with a written version of the decision and reasons which were stated at the hearing. However, in most cases a decision will not be made at the end of the hearing. When we make a decision, we will send you and the Department of Home Affairs a written statement of the decision and the reasons for the decision.
If we affirm the decision under review we have decided that the decision under review should not be changed. The effect of this is that the decision remains in force.
If we set aside the decision under review, we have decided that the decision should be changed. We may replace (substitute) the decision with a new decision.
If we remit the decision under review, we have decided that the decision should be reconsidered. The effect of this is that the department is required to reconsider the application having regard to any directions made by us.
If we decide that we have no jurisdiction to review the decision, we have decided that we have no power to review the delegate’s decision.
After the department receives advice of our decision on a review, the department will act to give effect to the decision. If the decision is in relation to a person in Australia who is not an Australian citizen or permanent resident, that person’s immigration status may change following our decision.
If you have a question about your immigration status, or if you are in Australia and not an Australian citizen or permanent resident and your contact details have changed since you last communicated with the department, you should contact the Department.
If you believe that our decision is wrong in law, you may consider seeking judicial review in the Federal Circuit Court of Australia
Publication of decisions
We publish a selection of our decisions with written reasons on the AustLII website.
In cases about protection (refugee) visas, the published decision must not include names or other details which may identify an applicant or any relative or other dependant of the applicant. Decisions in other types of cases are usually published in full.
Find out more information about the decisions we publish, including our Publication of Decisions Policy.
If you are concerned about information that has been, or might be, published in a decision, you can apply to us not to publish some information or the entire decision. Write to us stating what you want kept confidential and why. If we are satisfied it is in the public interest, the AAT can decide to:
- edit a decision to remove information
- not publish a decision, or
- recall a published decision.