VISA REFUSALS
If your visa, nomination or sponsorship has been refused or cancelled, you may have a limited opportunity to request an independent review by the Administrative Review Tribunal.
Not every migration decision can be reviewed. Eligibility depends on the type of decision, where the applicant was located, who made the decision and the review rights contained in the notification letter.
The ART may be able to review certain decisions refusing partner, family, skilled, employer-sponsored, student, visitor or other visa applications.
Certain visa cancellation decisions may be reviewable, although special procedures and shorter deadlines can apply to some cancellation and character matters.
The ART may review certain decisions to refuse, cancel or restrict an employer sponsorship, sponsor approval or nomination.
A Tribunal review requires more than resubmitting the original visa documents. The refusal or cancellation reasons must be analysed, the review lodged within the prescribed period and the relevant legal and evidentiary issues addressed.
We review the Department’s decision letter, refusal or cancellation reasons, review rights, applicant eligibility, notification date and deadline for lodging with the ART.
We prepare and lodge the ART review application, provide the required decision details and documents and confirm that the applicable Tribunal fee requirements are addressed within the deadline.
We develop an evidence strategy, prepare written submissions and organise supporting documents that respond directly to the criteria and concerns relevant to the decision under review.
We prepare you for the Tribunal hearing, assist with questions and evidence, represent you where appointed and keep you informed until the ART issues its decision.
The Administrative Review Tribunal is the independent federal body that replaced the Administrative Appeals Tribunal on 14 October 2024. It can conduct merits reviews of certain migration, visa, sponsorship and citizenship-related decisions.
No. Review rights depend on the type of decision, the relevant legislation, the applicant’s location and who is entitled to apply. The Department’s decision letter should state whether ART review is available and identify the person who may lodge the application.
The deadline varies according to the decision and can be very short, particularly for certain cancellation and character matters. You must follow the deadline stated in the decision letter. The ART does not have the power to extend the statutory deadline for a migration review application.
Lodging an ART review does not provide the same visa outcome in every case. Your ability to remain in Australia depends on your current visa, any bridging visa, the decision under review and your individual immigration history. Your visa status and conditions should be checked separately through your grant documents and VEVO.
There are many other reasons why Australian visa applications get refused including:
The ART may affirm the original decision, vary it, set it aside and substitute another decision, or remit the matter to the original decision-maker for reconsideration. A successful review does not always mean that the ART will immediately grant the visa.
Do not delay. Your decision letter may contain a strict deadline that the Tribunal cannot extend. Book a consultation with Fatima El-Kheir to assess your review rights, visa status and available next steps.
