Urgent: You Have a Limited Time to Challenge a Visa Decision.
Receiving a visa refusal or cancellation from the Department of Home Affairs is disheartening, but it is not necessarily the final word. You may have the right to have that decision reviewed by an independent body, the Administrative Review Tribunal (ART).
An appeal to the ART is your opportunity to present your case afresh and have the decision overturned. However, the deadlines to lodge an appeal are extremely strict and cannot be extended. Our expert immigration lawyers specialise in ART appeals and can provide the strategic representation you need to build the strongest possible case.
The Administrative Review Tribunal (ART) is an independent body that reviews administrative decisions made by the Australian Government, including most visa-related decisions from the Department of Home Affairs.
Important Note: Transition from AAT to ART
As of 2024, the ART has progressively replaced the former Administrative Appeals Tribunal (AAT). The new tribunal is designed to be a more efficient, accessible, and fair merits review body. Our legal team is fully up-to-date with the new procedures and practices of the ART.
The ART conducts a "merits review," which means it takes a fresh look at the facts, law, and policy relating to your case. The Tribunal is not just looking for legal errors; it has the power to step into the shoes of the original decision-maker and change the decision if it believes a different outcome is correct.
Why Should You Appeal to the ART?
Challenging a negative visa decision at the ART is a critical step for several reasons:
A Fresh Decision: It gives you a new opportunity to have your case heard by an independent Tribunal Member.
Present New Evidence: You can often provide new information and evidence that may not have been before the Department.
Correct Errors: The Tribunal can correct factual or legal errors made in the original decision.
It May Be Your Only Option: For many applicants in Australia, a successful ART appeal is their last and only realistic chance to secure a visa and remain in the country.
The ART Appeal Process: What to Expect
Navigating the ART can be complex, but the process generally follows these key stages:
Strict Time Limits: This is the most critical factor. You have a very short, legally mandated window to lodge your appeal after receiving the decision. If you miss this deadline, you lose your right to appeal forever.
Lodging the Application: A valid application must be submitted to the ART within the time limit, clearly outlining the decision you are appealing.
Providing Evidence and Submissions: This is the core of your case. You will need to provide strong documentary evidence and legal arguments (submissions) explaining why the Department's decision was incorrect and why the ART should decide in your favour.
Draft Persuasive Submissions: We prepare comprehensive and compelling legal submissions that directly address the waiver criteria and highlight all the compassionate and compelling factors in your favour.
The Decision: The ART can either affirm the original decision (it stands), vary it, set it aside and substitute a new decision (e.g., grant the visa), or remit it back to the Department to be reconsidered.
How Our Lawyers Give You the Best Chance of Success
Representation by an experienced immigration lawyer can be the difference between winning and losing at the ART. Our team will meticulously manage your appeal by:
Assessing Your Prospects: We provide an honest, expert opinion on the strengths and weaknesses of your case.
Preparing a Winning Strategy: We identify the key legal issues and develop a clear strategy to address them.
Compiling Evidence: We guide you on gathering the most compelling evidence to support your claims.
Drafting Powerful Submissions: We write detailed legal submissions that argue the law and policy in your favour.
Representing You at the Hearing: We will prepare you for the hearing and advocate powerfully on your behalf before the Tribunal Member.
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