Asylum Explained

A guide to the process of seeking asylum in Australia

To find out more about each of the possible outcomes for your case and what they mean please read below.

If the AAT decides you are a refugee and remits your case to the DIBP

If the AAT decides that you are a refugee this means that you won your case. The AAT cannot give you a visa directly. If your decision says that the AAT “remits” your case to the DIBP, then this means that the AAT is sending your case back to the DIBP so that they can grant you a Protection visa. For more information about what this means for you, please click here.

Even if the AAT finds that you are a refugee, the DIBP can only grant you a visa after you have completed their health and character checks. For more information about health and character checks that the DIBP requires, please click here.

If the AAT affirms the DIBP decision

This means that the AAT looked at your case and agreed with the DIBP officer that you are not a refugee. If this happens you have two further options to have your case reviewed. You can either apply to the court or to the Minister.

For more information about each of these options and to help you understand which is best for you, please click on the links below:

If you are in the community on a bridging visa, it will usually expire 28 days after you are notified of the negative decision from the AAT.

It will be important to decide whether you want to have your case reviewed and to make an application before your bridging visa expires so that you can remain lawful in the community and protect your legal rights.

If the AAT refers your case to the Minister

Sometimes the AAT will think that you should stay in Australia but your case falls outside of the refugee definition. This can be because your case is humanitarian but doesn’t fit in the strict definition of who a refugee is.

If this happens, the AAT cannot give you a positive decision in your case, but they can refer your case to the Minister for Immigration and Border Protection and ask him or her to intervene in your case to give you a permanent visa to stay in Australia.

If this happens you can also send more information to the Minister so that he can get a full picture of your situation before he makes his decision. You can find out more about making a request to the Minister by clicking here.

An initiative of the ASRC:

Legal Services Board
Victoria's Legal Services Board is an independent regulator that protects consumers and enhances the integrity of legal services in Victoria.

This website provides general information to people seeking asylum in Australia through the onshore visa application process. We have tried to make sure that this information is correct and that nothing important has been left out. However, we cannot guarantee this because immigration law is complex and changes regularly.
The information on this website is not legal advice. You should not rely on this website to make decisions about your immigration situation. We strongly recommend that you get independent advice from a registered migration agent. For information about registered migration agents please visit
Asylum Seeker Resource Centre

The Asylum Seeker Resource Centre does not take responsibility for the accuracy or completeness of any information on this website and to the extent permitted by law, excludes any liability for any loss or damage suffered as a result of relying on the information contained on or accessed through his website.

The information on this website is current as at July 2014.

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