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:
- Stage 3: Judicial review by a Court.
- Stage 4: Intervention by the Minister for Immigration and Border Protection.
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.