AAT merits review strategy (Migration & Refugee Division)

Analyse whether AAT merits review is the right track for [CLIENT_NAME] ([VISA_SUBCLASS], refused [REFUSAL_DATE]). Map deadlines, success probability, fee structure, and tactical risks.

REFUSAL GROUNDS:
"""
[REFUSAL_GROUNDS]
"""

APPLICANT LOCATION AT REFUSAL: [APPLICANT_LOCATION]

PROFILE:
[PROFILE_SUMMARY]

§1 — REVIEWABILITY (80-100 words)

Confirm whether this decision is reviewable by AAT Migration and Refugee Division (MRD):

Reviewable to AAT-MRD (s.338 Migration Act):
  ▪ Most onshore visa refusals (student, partner, ENS, employer-sponsored)
  ▪ Most offshore visa refusals where there is a sponsor or nominator in Australia
  ▪ Cancellations under s.109 (incorrect information) or s.116
  ▪ Sponsor-related decisions

NOT reviewable to AAT (must go elsewhere):
  ▪ Visitor visa (subclass 600) refusals from offshore applicants without an Australian sponsor → no AAT right; only judicial review or fresh application
  ▪ s.501 character decisions made personally by the Minister → no AAT (only judicial review)
  ▪ s.501 made by a delegate → AAT General Division (different rules)
  ▪ Protection visa refusals → IAA (Immigration Assessment Authority) or AAT-MRD depending on track

Confirm: AAT-MRD jurisdiction over [VISA_SUBCLASS] refusal of [APPLICANT_LOCATION] applicant? Yes / No / Conditional.

§2 — DEADLINE CALCULATION — HARD STOPS (100-120 words)

s.347(1) Migration Act + s.494C deemed notification rules.

Standard AAT deadlines (MRD):
  ▪ 21 calendar days from receipt for most onshore refusals
  ▪ 7 working days for bridging visa refusal/cancellation
  ▪ 2 working days for s.501 cancellation in immigration detention
  ▪ 70 calendar days for offshore sponsored visa refusals (notified through sponsor)
  ▪ NONE EXTENDABLE — strict statutory time bar

s.494C deemed notification:
  ▪ Email: notification at time of dispatch + 0 days
  ▪ Post within Australia: dispatch + 7 working days
  ▪ Post outside Australia: dispatch + 21 calendar days
  ▪ Hand delivery: same day

Calculate exact deadline:
  ▪ Refusal date: [REFUSAL_DATE]
  ▪ Notification method: [infer from letter]
  ▪ Deemed received: [date]
  ▪ AAT application deadline: [date]
  ▪ DAYS REMAINING TODAY: [count]

If <5 days remaining, file the AAT application TODAY with placeholder grounds — supplementary submissions allowed later.

§3 — SUCCESS PROBABILITY BY GROUND (200-250 words)

AAT MRD overall set-aside rates (FY 2023-24 data):
  ▪ Partner visas: ~50-55% (high — most refusals overturn-able on genuine-relationship evidence)
  ▪ Student visas: ~25-30% (mixed — GTE/financials reviewable)
  ▪ Subclass 482 nomination refusals: ~35-40%
  ▪ Subclass 186/187 ENS: ~30-35%
  ▪ Subclass 189/190 (skills): ~15-20% (low — most refusals on objective points/skills assessment grounds)
  ▪ s.116 cancellations (course non-progression): ~40-45%
  ▪ PIC 4020 refusals: ~10-15% (very hard — see prompt au-refusal-pic-4020)

For each ground in [REFUSAL_GROUNDS], assess:
  ▪ Is the ground discretionary (officer judgement) or objective (failed criterion)?
  ▪ What new evidence would move AAT?
  ▪ Is there a procedural unfairness angle (no s.359A invitation; misread document)?
  ▪ Has AAT recently overturned similar refusals? (note FOI tribunal decisions on austlii.edu.au)

Overall AAT prospect: [strong / moderate / weak / nil] with one-line reasoning.

§4 — FEE + REPRESENTATION STRUCTURE (80-100 words)

AAT MRD application fees (as at 1 July 2024 — verify before quoting):
  ▪ Full fee: A$3,496
  ▪ Concession (financial hardship): A$873.50 (50% refund if successful)
  ▪ Protection visa: A$1,917
  ▪ Partner / family: A$3,496
  ▪ Refund on success: 50% of fee refunded if decision set aside or remitted

Representation:
  ▪ Migration agent (MARN holder) can represent
  ▪ Australian legal practitioner can represent
  ▪ Counsel for FCFCOA-track issues
  ▪ Self-representation permitted but inadvisable for technical visas

Indian-context note: Quote in INR equivalent and break out fees vs. agent retainer separately so client doesn't conflate.

§5 — FOUR-TRACK STRATEGY (300-400 words)

Track A — AAT MERITS REVIEW (primary if AAT-reviewable + grounds exist):
  ▪ Timeline: 6-18 months to hearing
  ▪ Cost: A$3,496 application + A$3,000-12,000 MARN/legal fees
  ▪ Standard: fresh consideration on the merits (de novo)
  ▪ AAT can substitute the decision (set aside) or remit to DHA with directions
  ▪ During AAT: applicant remains on bridging visa with full work rights if onshore (BVA/BVC)
  ▪ Key risk: s.359A invitation may surface adverse info applicant must respond to within tribunal-set window (usually 14-28 days)
  ▪ When useful: discretionary refusals (GTE, genuine partner, business need)

Track B — REAPPLICATION (if eligible):
  ▪ s.48 BAR alert: if onshore + visa refused or cancelled, applicant cannot lodge most onshore visa applications until they leave Australia. Exceptions: Partner 820, Protection 866, Medical Treatment 602, Bridging visas
  ▪ Offshore re-application generally available
  ▪ Cost: standard visa application charge
  ▪ Timeline: depends on subclass
  ▪ Disclosure obligation: prior refusal must be disclosed on Form 80; failure may trigger PIC 4020

Track C — FCFCOA JUDICIAL REVIEW (legal error required):
  ▪ Timeline: 35 days from notification to file (extendable in limited circumstances under s.477 Migration Act)
  ▪ Cost: A$3,810 filing fee (s.476 application) + A$8,000-25,000 legal fees
  ▪ Standard: jurisdictional error only — NOT a re-hearing of facts
  ▪ Grounds: failure to comply with s.359A, Wednesbury unreasonableness (Li 2013), denial of natural justice, mistaken jurisdiction
  ▪ When useful: AAT itself errs, or refusal is by Minister personally
  ▪ See prompt au-refusal-fcfcoa-judicial-review for drafting

Track D — DIFFERENT PATHWAY / DIFFERENT COUNTRY:
  ▪ Switch visa stream (skilled → partner; 482 → 186)
  ▪ Switch country (often more practical for Indian clients with multiple refusals)
  ▪ Consider Canada Express Entry / NZ SMC if Australia stacking refusals

§6 — RECOMMENDED PRIMARY + PARALLEL TRACK (80-100 words)

Based on grounds + [APPLICANT_LOCATION] + [PROFILE_SUMMARY]:

Primary: [Track A / B / C / D]
Justification: [why this track has highest probability + lowest risk]

Parallel work needed:
  ▪ FOI request for DHA decision file (free; standard 30 days)
  ▪ AAT placeholder application filed if deadline near
  ▪ s.48 bar analysis if onshore
  ▪ Evidence chest opened for new docs

§7 — IMMEDIATE 7-DAY CHECKLIST (60-80 words)

  □ Calendar AAT deadline as a HARD STOP
  □ File FOI request with DHA today (free)
  □ Confirm s.48 bar status if onshore
  □ Engage MARN holder / lawyer (quote in writing)
  □ Brief client on costs in INR + AUD
  □ Begin evidence collection per ground
  □ Do NOT lodge fresh onshore application until s.48 status confirmed

End with: "DRAFT — for MARN holder review. AAT deadline is non-extendable. If onshore, confirm s.48 status before any fresh lodgement. If grounds include PIC 4020 or s.501 character, engage Australian immigration lawyer (not just MARN) before strategy lock-in."