ART Review Lawyers Melbourne

The Administrative Review Tribunal has broad powers to review migration decisions — here's what it can look at:

• Visa Refusals: Decisions to refuse the grant of a visa.
• Visa Cancellations: Decisions to cancel an existing visa.
• Character-Related Decisions: Refusals or cancellations based on character grounds.
• Citizenship Decisions: Refusals of applications for Australian citizenship or cancellations of citizenship.

Not all decisions are reviewable; it's essential to verify whether your specific decision qualifies for review.

Here's what can happen after your ART hearing — there are several possible outcomes:

• Affirm: Agree with the original decision, leaving it unchanged.
• Vary: Modify aspects of the original decision.
• Set Aside: Overturn the original decision and substitute a new one.
• Remit: Send the matter back to the original decision-maker for reconsideration with specific instructions.

Each outcome depends on the merits of the case and the evidence presented.

The Administrative Review Tribunal (ART) is an independent body established on 14 October 2024, replacing the former Administrative Appeals Tribunal (AAT). It reviews decisions made by Australian Government departments and agencies, including those related to migration and citizenship. The ART aims to provide fair, accessible, and independent reviews of administrative decisions.

Your ability to stay in Australia during the appeal process depends on your current visa status and the type of decision under review. In some cases, you may be granted a bridging visa allowing you to remain lawfully in Australia while awaiting the ART's decision. It's essential to maintain lawful status throughout the process to avoid detention or removal.

As of 1 July 2024, the application fee for most migration decisions is $3,496. Fee reductions of 50% may be available in cases of severe financial hardship. Protection visa refusal reviews do not require an upfront fee; however, if unsuccessful, a fee of $2,151 is payable. It's advisable to check the ART's official website for the most current fee information.

If the ART upholds the original decision, you may consider:

• Judicial Review: Challenging the decision in a court on legal grounds, not on the merits.
• Ministerial Intervention: Requesting the Minister for Immigration to intervene in your case, though this is discretionary and subject to strict criteria.
• Applying for Another Visa: If eligible, submitting a new visa application.

Each option has specific requirements and implications; seeking legal advice is recommended to determine the best course of action.

While not mandatory, having legal representation can be beneficial. A migration lawyer or registered migration agent can assist with:

• Preparing and lodging the application.
• Gathering and presenting evidence.
• Advocating on your behalf during hearings.

Professional guidance can enhance the quality of your application and improve the likelihood of a favorable outcome.

The duration of the appeal process varies based on factors such as case complexity and ART caseload. Some cases may be expedited, especially those involving detention or urgent circumstances. On average, it can take several months to over a year to receive a decision. Regular communication with the ART and prompt responses to any requests can help facilitate a timely resolution.

Timeframes vary depending on the type of decision:

• General Visa Decisions: Applications must be lodged within 28 calendar days of receiving the decision.
• Detention Cases: If in immigration detention, you have 7 working days to lodge an appeal.
• Character-Related Decisions: Appeals must be filed within 9 calendar days of notification.

Strict adherence to these deadlines is crucial, as late applications are typically not accepted.

The process involves several steps:

1. Determine Eligibility: Confirm that the decision is reviewable by the ART.
2. Submit an Application: Lodge an application for review within the specified timeframe, providing necessary details and supporting documents.
3. Pay the Application Fee: A fee is required for most applications, though fee reductions may be available in cases of financial hardship.
4. Attend Hearings: The ART may conduct hearings where you can present evidence and arguments.
5. Receive a Decision: After considering all information, the ART will issue a decision, which could affirm, vary, set aside, or remit the original decision.