AAT Appeal on Health Grounds: Process and Prospects

What is the AAT and why can you appeal there?

The AAT (Administrative Appeals Tribunal) is Australia’s independent administrative tribunal, with the authority to review decisions made by the DHA through merits review — meaning it reconsiders the whole matter on its substance, not merely checks for procedural error.

When the DHA refuses a visa on health grounds, that decision can often be appealed to the AAT (provided the visa type allows merits review). The AAT is not bound by the DHA’s decision — it can affirm the refusal, substitute a decision to grant the visa, or remit the matter to the DHA for reconsideration.

Which visas can be appealed to the AAT?

Not every visa carries a right of appeal to the AAT. Generally:

Family visas (partner visa, parent visa, child visa): usually carry an AAT appeal right.
Skilled visas: some types carry an appeal right, others do not.
Student visas: limited.
Short-term temporary visas: usually carry no right to merits review.

You need to check your specific visa type to determine whether an AAT appeal right exists. If there is no AAT appeal right, you may consider judicial review at the Federal Court, but this is a different and far more complex path.

What is an Independent Medical Assessment (IMA)?

One of the most important tools in the health appeal process is the Independent Medical Assessment (IMA). This is an independent medical evaluation carried out by an appointed doctor or medical specialist, separate from the DHA’s initial assessment.

An IMA may be requested by:

The AAT during its review of the appeal.
The applicant (or their legal representative) as part of additional evidence.

An IMA typically revisits the original diagnosis, the estimated cost of treatment, and the prognosis of the condition. If the IMA arrives at an assessment that differs significantly from the DHA’s, this can be a basis for the AAT to substitute the refusal decision.

The appeal process at the AAT

When a refusal decision is issued, you have a limited time (usually 28 days for an onshore visa, 70 days for an offshore visa) to lodge an appeal with the AAT. After lodging:

The AAT receives the matter and assigns it to a member.
Preparation stage: Both parties (the DHA and the appellant) submit documents and evidence. This is when you lodge new medical reports, the IMA, and other supporting evidence.
Hearing: Not every matter has an in-person hearing. Some are decided on the papers. If there is a hearing, you (or your representative) present before the AAT member.
Decision: The AAT issues a written decision. If the AAT finds in your favour, the DHA must reconsider or grant the visa.

Processing times at the AAT range from several months to more than a year, depending on complexity.

Success rates and the factors that influence them

Success rates in health appeals at the AAT are uneven and depend heavily on:

Type of health condition: Cases where the DHA’s cost assessment is shown to be wrong or excessive tend to have higher success rates. Cases involving genuinely high costs are usually harder.

Quality of new evidence: An IMA and detailed specialist reports can change the outcome significantly.

The availability of a waiver: In some cases you do not have to prove the health condition is unproblematic, but instead demonstrate that the conditions for a waiver are met (for example, a close family relationship with an Australian citizen).

Legal representation: Those with an experienced migration agent or immigration lawyer generally achieve better outcomes than those who represent themselves.

The cost of an AAT appeal

The fee to lodge an appeal with the AAT (Migration and Refugee Division) is usually around AUD 3,000 or more, and is not refundable if you lose. In addition, the cost of legal representation and an IMA can run into thousands of dollars more. This is a significant investment, so you should carefully assess the prospects of success before deciding to appeal.

When you should not appeal to the AAT

You should not appeal to the AAT if: the medical costs are genuinely very high and there is no substantive basis to challenge the DHA’s estimate; or if the AAT waiting time is too long relative to your goals. In some cases, withdrawing and lodging a different visa (for example, a short-term visa instead of permanent residence) may be a more practical option.