If your visa or nomination has been refused by the Department of Home Affairs, you may be able to apply for a review at the Administrative Review Tribunal (ART).
Your deadline is running. It is probably 21 days.
ART review applications for onshore visa refusals are typically due 21 days from the date on the refusal letter. Not 21 days from when you received it. Not 21 business days. 21 calendar days from the date printed on the letter.
If that date has passed or is approaching, call us on 0425 825 500 now. There is very limited scope to extend these deadlines.
Is this your situation?
You received a refusal notice for your visa or your employer's nomination. You are not sure whether to appeal or reapply. You are worried about your visa status and whether you can stay in Australia while the review is heard. You do not know what the ART process involves or how long it takes.
Robbie Toor (MARN 1170356) has been representing clients at the tribunal since 2011. This is one of the areas where having experienced representation matters most.
What the ART does
The ART conducts a merits review of the Department's decision. The tribunal member looks at all the evidence, including new evidence you provide, and makes their own decision. They are not bound by the Department's original decision. This means even if the Department refused your visa, the ART may reach a different conclusion if you present your case properly.
Which decisions can be reviewed
Generally reviewable: most onshore visa refusals, nomination refusals, some visa cancellation decisions, and sponsorship-related decisions. The refusal notice will tell you whether the decision is reviewable and what the deadline is. Not all decisions are reviewable. Offshore refusals generally are not.
How the process works
After lodging the ART application, you receive a hearing date. Before the hearing, you can submit additional evidence and written submissions. At the hearing, the tribunal member asks questions. You can be represented by a migration agent. The tribunal may decide at the hearing or notify you later in writing.
Possible outcomes
The ART can set aside the Department's decision and substitute a favourable one (this is what you want), affirm the refusal (it stands), or remit the matter back to the Department with directions.
Should you appeal or reapply?
It depends on the refusal reason and your situation. An ART application lets you stay in Australia on a bridging visa during the review. A fresh application starts from scratch. We assess which is stronger after reviewing your refusal notice.
ART also refused? Your options are narrower but they exist.
If the ART affirms the refusal, options include judicial review (on legal error only), ministerial intervention, or departing Australia and applying offshore.
How Robbie Toor (MARN 1170356) helps
Robbie handles ART appeals from application through to hearing. He prepares the application, gathers additional evidence, prepares written submissions, and attends the hearing with you. He has been doing this since 2011.