The information in this fact sheet relates to applications in the AAT's Migration & Refugee Division.
Withdrawing an application for review
An application for review can be withdrawn at any time prior to a decision being made on the application. An application is not regarded as withdrawn until we decide that we have no jurisdiction to review the application as a result of the withdrawal.
Once we decide we have no jurisdiction as a result of an application being withdrawn we cannot take any further action on the application for review. The decision under review remains unchanged, and the Department of Home Affairs is notified of the withdrawal.
Who can withdraw an application
A review application can be withdrawn by a review applicant or by a person authorised by them and should be made in writing on the ‘Withdrawal of application for review – MR Division’ form MR10.
Where a person other than the applicant gives notice of the withdrawal, we have an obligation to ensure that the person is acting with the authority of the applicant. Where there is any doubt that a person is properly authorised to withdraw the application, further enquiries will be made.
Combined applications
In combined applications, where there is more than one review applicant, the application in respect of the remaining review applicants remains valid if one of the review applicants withdraws.
In cases involving members of the same family, an applicant cannot withdraw a family member’s application without their authorisation.
Refund of application fee
For migration reviews
Where an application for review of a migration decision is lodged and is subsequently withdrawn, the application fee can be refunded only in the following circumstances:
- where the withdrawal has followed the death of a review applicant, or the death of a visa applicant, or the death of a member of the visa applicant’s family unit; or
- where the withdrawal has followed the grant of a visa of the same class (other than on a reconsideration of the points score); or
- in relation to an application for a parent visa, where the visa applicant applied for another parent visa after the review application was lodged and the visa applicant wishes to have a decision made on the application for the other parent visa.
We will notify the applicant that their application for review has been successfully withdrawn by letter.
If the applicant is entitled to get a refund of all or part of the application fee, a form will be given to the applicant to provide bank account details for receiving the refund through electronic funds transfer (EFT).
For refugee reviews
Where an application for review of a refugee decision is lodged and is subsequently withdrawn no post decision fee will be payable.
What happens after an application for review is withdrawn?
Once an application for review has been withdrawn, if you are not an Australian citizen or permanent resident your immigration status in Australia may change.
If you hold a bridging visa associated with the application that was the subject of our review or if you have any questions about your immigration status you should contact the Department of Home Affairs immediately on 131 881.
Special arrangements during the COVID-19 pandemic
If you do not have a visa to remain in Australia and you are unable to depart Australia due to travel restrictions or no available flights, you must apply to the Department of Home Affairs for a further visa prior to your current visa ceasing. If you are unable to apply for a substantive visa prior to your current visa ceasing, you should apply for a Bridging Visa E.
You will be expected to leave Australia as soon as practicable once your departure from Australia becomes possible.
For further information visit: https://immi.homeaffairs.gov.au/visas/visa-about-to-expire/stay-longer.
When this Fact Sheet refers to “You” it means the applicant, and includes his or her nominee, representative or support person. When it refers to “We” or “Us” it means the AAT.