Master prompt
AAT merits review strategy (Migration & Refugee Division)
Decides whether AAT review is worth filing, maps deadlines (21/7/2 days depending on visa class), drafts a 4-track strategy with s.359A risks flagged.
AustraliaAATMerits reviewMRDTribunal
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."
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