Review Migration Decisions | What To Consider Before Appealing to Administrative Review Tribunal (ART)
When facing an unfavourable migration decision, you may consider appealing to the Administrative Review Tribunal (ART). Before proceeding, it is crucial to evaluate several key factors that assist you in determining whether to appeal it through ART.
What is the Substance of Your Case?
Types of Decision: Identify whether you are appealing a decision regarding a protection or general visa application. Each has specific requirements and processes.
Grounds for Appeal: Clearly outline the reasons why you believe the decision should be overturned. This could involve demonstrating procedural errors, misinterpretations of the law, or presenting new evidence.
Legal Advice: It is highly recommended that you obtain legal advice immediately upon receiving the decision, as this can ensure that you understand your rights and the viability of your appeal.
What are the Time Limits?
Time limits for appealing decisions to the ART are strict and vary based on the circumstances:
Protection Visa Appeals: If you are in immigration detention, you must lodge your appeal within 7 working days. If you are not detained, you have 28 days to appeal. These time limits are non-negotiable, and the ART has no authority to extend the time limits.
Character Grounds Appeals: For decisions made on character grounds, you have only 9 days from the decision date to lodge your appeal. This timeframe cannot be extended. If your visa is subject to mandatory cancellation due to a serious criminal record, you must request a revocation from the Department of Home Affairs within 28 days of cancellation.
What is the Cost of the Administrative Review Tribunal (ART)?
The costs associated with appealing a decision to the ART can vary depending on the nature of the case:
Protection Visa Applications: There is no application fee for appealing a protection visa decision. However, if your appeal is unsuccessful, you will be required to pay a fee of AUD 2,151.
General Visa Applications: For other visa types, such as visitor, student, partner, family, business, or skilled visas, there is typically an application fee of AUD 3,496. This fee may be reduced by 50% if you demonstrate severe financial hardship. Additionally, if the Tribunal rules in your favour, you will receive a 50% refund of the fee, and if your application is deemed invalid, the full amount will be refunded.
What Can I Appeal to the ART?
The ART reviews various migration decisions, including:
Protection Visa Refusals: Appeals regarding the refusal of protection visas can be submitted to the ART.
Visa Refusals or Cancellations on Character Grounds: If your visa was refused or cancelled based on character issues, you can appeal this decision.
Other Visa Application Decisions: The Tribunal also reviews decisions related to visitor, student, partner, family, business, and skilled visas.
What are the other options if they do not Appeal to the ART?
If you decide against appealing to the ART, consider the following alternatives:
Request a Revocation: You can ask the Department of Home Affairs to revoke the cancellation decision within the specified timeframe for mandatory visa cancellations.
Federal Court Appeal: If you lose your appeal at the ART, you may have the option to appeal to the Federal Court. This requires demonstrating that the Tribunal made a legal error in handling your case, and you will need legal assistance for this process.
Seek Alternative Visas: Depending on your situation, you might explore applying for different visa categories that may be available to you.
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How Can Agape Henry Crux Help
If you are still considering appealing your visa refusal or cancellation decision to the ART, especially that it involves careful consideration of costs, time limits, the substance of your case. Contact us at Agape Henry Crux. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.