How does the ART Appeal Process Work?
If you decide to appeal your visa refusal or cancellation, you may wonder what you're getting yourself into. We have broken down the appeal process so you can understand it.
What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is an independent body that reviews decisions made by the Department of Home Affairs (DoHA), including visa decisions. It is in charge of ensuring that the decision was made correctly according to Australian law and assessing whether a different outcome may be appropriate based on your circumstances and any further evidence provided.
Who Can Appeal to the ART?
Not all visa decisions have appeal rights. Typically, you can appeal a decision if:
You received a visa refusal or a visa cancellation letter and specified you have appeal rights.
You lodged your appeal within the prescribed timeframe mentioned in the decision notice.
What is the Appeal Process?
You will need to know if you have any appeal rights. Normally, this information is indicated in your visa refusal or visa cancellation decision letter, together with the deadline for lodging your appeal.
If you decide to lodge your appeal, you can submit it through the ART website or seek professional assistance to appeal your visa refusal or cancellation. You will also have to pay an application fee of AUD3,496; concession rates may apply in certain circumstances.
You then have to gather supporting documents and evidence to provide to the ART to support your matter. Some document examples may include and are not limited to:
A legal submission that addresses the visa decision.
Letter of support from your friends and family.
Updated health or police checks.
Any further supporting evidence that can assist in meeting your objective.
Most appeals involve a hearing, where you have the opportunity to present your case and explain your circumstances. You may be required to answer the ART Member’s questions as they review your application. You can attend the hearing in person, via video conference, or by phone call.
After the hearing, all you have to do is wait for the ART Member to make a decision. The Member will review all the supporting documents and submissions provided before making a decision. This process can be completed in a few days or may take up to a week, depending on the complexity of your case. If the Member requests further evidence after the hearing, the time to make a decision may be longer.
What are the Possible Appeal Outcomes?
The ART can make one of the following decisions:
Your ART decision is affirmed. This means that your visa application is refused or remains cancelled.
Your ART decision is remitted. This means that your visa application has been returned to DoHA for reconsideration so that it can be assessed differently.
Your ART decision is dismissed. This means your appeal is rejected due to jurisdictional or procedural issues.
Do I Need a Representative for My Appeal?
You can also opt to represent yourself in the ART. Yet, the benefit of having an Immigration Lawyer to represent your matter is highly recommended. The lawyers can assist in analysing the reason for refusal or cancellation, preparing a legal submission to support your case, and representing you during the hearing.
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…
How Can Agape Henry Crux Help You?
Speak to an Accredited Specialist in Immigration Law if appealing for a visa refusal or cancellation is a good visa pathway to meet your objective. Our team of immigration lawyers and migration agents at Agape Henry Crux. The team 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.
