What Happens If You Do Not Attend Your ART Hearing?
The Administrative Review Tribunal (ART) hearing is an important step in reviewing decisions made by the Department of Home Affairs regarding any visa refusals, visa cancellations or other immigration matters. However, if you decide not to attend your ART hearing, what implications and possible outcomes may occur for your visa?
Why is it important to Attend Your ART Hearing?
The ART hearing gives you an opportunity to present your matter to the Tribunal Member; this includes providing statements, evidence and the reason the initial decision should be reversed. By attending the hearing, you can respond to any questions or clarifications needed by the Tribunal Member. This way, you can make sure that your voice is heard and that you intend to comply with the immigration rules.
What Happens if You Don’t Attend the ART Hearing?
If you fail to attend the ART hearing without prior notice or valid reasons:
Your case may be decided in your absence. This also means that the Tribunal Member will assess the provided information in your application and submission. If there are gaps or unanswered questions in your case, your appeal may be unsuccessful.
Your appeal may be dismissed, especially if there were multiple missed hearings. It indicates to the Tribunal Member the lack of engagement with the process. If the Tribunal finds your absence to be unjustified, your appeal can be dismissed entirely.
You will lose your opportunity to provide supporting evidence if failure to attend your ART hearing. The hearing allows the applicant to provide further evidence, explain, and give context to the submitted documents and submissions. This may result in an unfavourable outcome of your appeal.
What Happens If Your Appeal Is Dismissed?
If your appeal is dismissed, the outcome or implication may include:
You lose the ability to have your case reviewed by the ART. There will be no further review unless special circumstance allows for reinstatement.
If your case involved a visa cancellation, your visa would remain cancelled, and you may face deportation.
If you are not holding a substantive visa during this process, you may become an unlawful non-citizen.
You might face a re-entry ban to return to Australia for up to 3 years, depending on your circumstances.
How Can Agape Henry Crux Help You?
Appealing a visa refusal or visa cancellation may benefit your immigration pathway to stay in Australia. Speak to an Accredited Specialist in Immigration Law. Our team of immigration lawyers and migration agents at Agape Henry Crux specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. 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.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
