The information in this fact sheet relates to applications in the AAT's Migration & Refugee Division
What is a hearing?
The hearing is an opportunity for you to give evidence and present arguments to us relating to the issues arising in your case. We may also take evidence from other persons.
Hearings are conducted by a Member allocated to your case. Our procedures are relatively informal, and the Department of Home Affairs (the department) is not represented. The Member will guide the proceedings to suit the circumstances of the case, will ask questions and will provide you with an opportunity to make a statement or present arguments.
The hearing may be conducted in person, by video conference or by telephone. Hearings in person may be conducted at an Administrative Appeals Tribunal (AAT) office or in another suitable location.
Can I bring anyone to the hearing?
You may bring a representative to the hearing. We are not required to allow them to argue your case for you. However, the Member will usually let them speak in your favour before the close of the hearing.
You may also bring a friend or relative to support you, provided that they do not take an active part in the hearing.
If you consider that we should allow a person to present oral arguments or formally address the Member on your behalf, you should contact us prior to the hearing or raise the matter with the Member at the start of the hearing.
Can I ask the AAT to obtain evidence?
You may, within 7 days after being notified that you are invited to attend a hearing, give us written notice that you want us to take oral or written evidence from a person or persons named in the notice or to obtain other written material. If you make such a request within that time limit, we will consider your notice but may decide not to obtain such evidence or written material. For example, we may be satisfied on a particular point, or may not consider the evidence to be relevant to your case.
You may use the 'Response to hearing invitation - MR Division' form to nominate persons you want us to take oral evidence from. If any person is in immigration or criminal detention, you should advise us immediately. You will need to arrange for any persons you nominate, who are not in immigration or criminal detention, to be available to give evidence.
For Bridging Visa (Detention) case, you were provided with an opportunity on the M2 application for migration review form, to nominate any persons from whom you wished the Member to obtain oral evidence. Please arrange for any persons nominated on the form to attend the hearing. The Member will take evidence from them, if necessary. If they will be providing evidence by telephone, you should send their telephone number/s to us as soon as possible before the scheduled hearing.
Can the AAT issue a summons?
We have the power to formally summons a person to appear to give evidence or to produce documents. This power is generally only used in circumstances where a person may otherwise be unwilling or unable to attend the hearing or provide a document.
You can request us to issue a summons. The request must be in writing. If the Member decides to issue a summons at your request, you are liable to pay the costs.
Am I required to take an oath or make an affirmation?
We generally require that all persons giving oral evidence will take an oath or make an affirmation to tell the truth. If an interpreter is assisting at the hearing, the interpreter is required to take an oath or make an affirmation that he or she will interpret to the best of his or her skills and abilities.
How long does a hearing take?
The average length of a hearing is two hours. Some hearings are shorter and some are much longer. The Member may adjourn a hearing to allow for a break. You may ask for a short break if you need one at any time during the hearing.
Is the hearing held in private?
The refugee review hearings are held in private. Members of the public are not admitted to a hearing. A friend or relative may be able to remain in the hearing room with you during the hearing. However, the Member may ask that the person or persons leave the hearing room for part of the hearing if they are also going to give evidence on your behalf.
The migration review hearings generally open to the public. This means that family members or friends may observe the hearing, and there may be other persons present. Seating is limited and any person present must not interrupt or disturb the hearing. If the Member considers it is in the public interest to do so, the Member may decide to conduct part or all of the hearing in private. You may ask the Member to consider holding the hearing in private either before or during the hearing.
Is the hearing recorded?
All hearings are audio recorded. You may ask us for a copy of the recording at the end of the hearing.
Will an interpreter be provided at the hearing?
If requested, we will arrange for an interpreter to be at the hearing. The interpreter will be a qualified interpreter from an interpreter service - it is our policy not to use family members, friends or representatives as an interpreter.
If you are not satisfied with the interpreting before or during the hearing, it is important that you tell the Member or the hearing attendant as soon as possible.
What happens on the day of the hearing?
If the hearing is in person at an AAT office, you should report to the reception counter at least 15 minutes before the start of the hearing. Prior to the hearing, a hearing attendant will approach you and introduce himself or herself. The hearing attendant will check with you as to who will be attending the hearing and whether you have any documents which you wish to give to us. When everything is ready, the hearing attendant will take you, with the interpreter or any other persons involved in the hearing, into the hearing room, and provide an explanation of the procedures.
When the hearing is ready to commence, the audio recording will be started and the Member will enter the room. The Member will commence the hearing and administer an oath or affirmation to any person giving evidence, and to the interpreter.
If the hearing is by video, you will be able to see and hear the Member on the video screen, and the interpreter will usually be in the same location as the Member. If you are having difficulty with hearing or seeing the Member, or hearing the interpreter, you should inform the Member or the hearing attendant as soon as possible.
If the hearing is by telephone, you will be contacted by the hearing attendant on the number you provided. The hearing attendant will explain the procedures. If at any time you have difficulty hearing the Member, the interpreter or the hearing attendant, you should inform the Member or hearing attendant as soon as possible.
What do I call the Member?
The Member may be addressed by name (e.g.: ‘Ms Smith’) or referred to as ‘Member’ or by their specific title as advised at the hearing.
When will I get a decision?
As each case is different, it is difficult to say how long it will take for us to make a decision in your case. In some cases, the Member may announce the decision at the end of the hearing. However, in most cases a decision will not be made at the end of the hearing but will be given to you at a later date.
What if I cannot attend the scheduled hearing?
If you are not able to attend the scheduled hearing, you need to advise us as soon as possible. Please note that we will only change this date if satisfied that you have a very good reason for being granted an adjournment. If you do not attend the scheduled hearing, we may make a decision on the review without taking any further action to allow or enable you to appear before us or may dismiss your application for review without any further consideration of the application or the information before us.
If you seek to adjourn your hearing for a medical reason, you must provide a doctor’s certificate that states you are not able to attend the scheduled hearing. If you cannot provide a medical certificate you must provide convincing reason for this. The Member will consider the request and advise you of the outcome. If we do not advise you that an adjournment has been granted, you must assume that the hearing will go ahead.
If you are seeking more time to present information after the hearing you should advise the Member at the hearing and provide strong reasons.
What happens if an application is dismissed?
If we dismiss your application, a written statement of the dismissal decision will be given to you. Within 14 days after receiving notice of the dismissal decision you may apply for reinstatement of the application.
On receiving an application for reinstatement, we may reinstate the application for review if we consider it appropriate to do so. If we reinstate the application, the application is taken never to have been dismissed and we will conduct (or continue to conduct) the review accordingly.
If we decide not to reinstate the application, or if you fail to apply for reinstatement within the 14 day period, we must confirm the decision to dismiss the application. If we confirm the decision to dismiss the application, the decision under review is taken to be affirmed. The effect of this is that the department’s decision remains in force.
A written statement of our decision to reinstate the application or to confirm the dismissal of the application will be given to you.
What if I want to make a comment or a complaint?
You can help us by telling us what you like about your dealings with us or where you think we can improve. If you wish to provide us with feedback you can tell the officer who is dealing with your case. Alternatively you can complete the online Feedback form available on our website under Contact us, or forward a written complaint marked ‘confidential’ to us at GPO Box 9955, Sydney NSW 2001.
Where can I find more information?
A wide range of information about our operations is available at our website at www.aat.gov.au.