Administrative Review Tribunal (ART)
If your visa has been refused or cancelled by the Department of Home Affairs, you may have the option to apply to the Administrative Review Tribunal (ART) for a review of the decision. The ART has replaced the former Administrative Appeals Tribunal (AAT) and aims to simplify and streamline the process for appealing federal government decisions.
The ART is empowered to review a range of decisions made by officers of the Department of Home Affairs, including:
- Visa refusals and cancellations
- Sponsorships and nomination refusals and cancellations
You can find out whether you have review rights by checking your visa refusal or cancellation notice, which should specify if you can apply for a review and the deadline for lodging your application.
To initiate a review, it is important to lodge your review application within the stipulated timeframe to ensure your review rights are preserved. The ART is a fresh review of your case, meaning you have the opportunity to provide new information or evidence.
Seeking professional advice is highly recommended to ensure that you address the reasons your refusal or cancellation are properly addressed. A well prepared application can significantly improve your chances of a successful outcome. If you are required to attend an ART hearing, this will be your opportunity to present additional evidence and arguments in support of your case. Proper preparation is key, and our experienced team can assist you in gathering the necessary documentation, structuring your responses, and representing you at the hearing.
At Migration Affairs, we have extensive experience in challenging visa refusals and cancellations. We provide tailored guidance on:
- Submitting a strong review application
- Addressing the reasons for refusal or cancellation
- Responding to notices of intention to cancel
- Preparing for and attending ART hearings
Visa refusals and cancellations can have serious consequences for your current visa status and future migration options. Contact us today to discuss your case and receive expert advice on the best course of action for your circumstances.
Ministerial Intervention
Under the Migration Act 1958, the Minister for Immigration, Citizenship and Multicultural Affairs have discretionary powers to intervene in visa decisions when deemed in the public interest. This intervention allows the Minister to substitute a more favourable decision for a visa refusal or cancellation previously upheld by a review tribunal.
To be considered for Ministerial Intervention, you must have received a negative decision from a review tribunal, such as the ART, the former AAT, the former RRT, the former MRT, or the former IRT. You must have also exhausted all other avenues for review.
It’s important to note that the Minister is not legally obligated to intervene and does so only in unique and exceptional circumstances. The Minister’s guidelines outline the types of cases that may be referred for consideration.
If you have received a negative decision from a review tribunal and are considering Ministerial Intervention, contact Migration Affairs today. Our experienced team is dedicated to providing personalized advice and support tailored to your specific situation.
Please note that Ministerial Intervention is a discretionary process, and not all requests are successful. It’s essential to have realistic expectations and to explore all available options with professional guidance.
We know how important it is for you to understand the details and requirements for an appeal. Our knowledgeable and experienced team at Migration Affairs is here to help you.
FAQs
The timeframe to lodge your ART application depends on the type of decision (e.g., refusal or cancellation) and how you received it (e.g., email or post). The Department’s letter will specify the deadline. It’s crucial to lodge your application within this period to preserve your review rights.
As of 1 July 2024, the application fee for a migration decision review under Part 5 of the Migration Act 1958 is $3,496. A 50% fee reduction may be available if paying the full fee causes severe financial hardship. For protection visa decisions under Part 7, the fee is $2,151, typically payable only if the application is unsuccessful. Please note that these are subject to change, check the ART website.
Lodging a review application within the specified timeframe generally extends your bridging visa, allowing you to remain in Australia lawfully during the review process.
No, you must first obtain a decision from a review tribunal, such as the ART, before requesting Ministerial Intervention. The Minister cannot consider intervention without an appropriate tribunal decision.
You need to regularise your status by applying for a Bridging Visa E before requesting Ministerial Intervention. The Minister will not consider applications from individuals who are unlawful.
You can make a repeat request if there’s a significant change in circumstances presenting new and substantive issues not previously considered, falling within unique or exceptional circumstances.
The ART can review decisions such as visa refusals and cancellations, and sponsorship and nomination refusals and cancellations.
The ART conducts a fresh review of your case, allowing you to provide new information or evidence not considered in the original decision.
If the ART affirms the original decision, you may seek Ministerial Intervention, provided all other review options have been exhausted.
No, the Minister is not legally obligated to intervene and does so only in unique and exceptional circumstances.
