How to Appeal Your Visa Refusal: A Simple Guide to the Administrative Review Tribunal (ART)

If you've received a visa refusal from the Department of Home Affairs, you may feel overwhelmed and uncertain about what to do next. However, all hope is not lost. You have the option to appeal this decision to the Migration & Refugee Division (M&R) of the Administrative Review Tribunal (ART). This blog will guide you through the process of appealing your visa refusal and help you understand how the ART works.

What is the Administrative Review Tribunal (ART)?

The ART is an independent body that reviews decisions made by the Australian Government, including those made by the Department of Home Affairs regarding visa applications. The ART is specifically designed to ensure that decisions made by government departments are fair, transparent, and just.

In October 2024, the ART replaced the Administrative Appeals Tribunal (AAT), continuing to handle a wide range of administrative decisions, including those related to migration and refugee cases. The ART operates with the goal of providing a more efficient and accessible process for challenging decisions.

Why Are Visas Refused?

Visa refusals can occur for various reasons. Understanding these reasons can help you avoid potential pitfalls:

• Failure to meet eligibility criteria
• Insufficient documentation
• Concerns about the authenticity of the provided information
• Health or character issues

Additionally, changes in immigration policies and regulations can also impact visa decisions. Once a visa is refused, the Department of Home Affairs will provide a decision letter outlining the reasons for the refusal.

How Does the ART Review Work?

The ART conducts what’s called a “merits review” of your case. This means the ART doesn’t just look at whether the Department of Home Affairs made a legal error. Instead, it examines the entire decision afresh, considering all facts, evidence, and the law as it stands. The ART aims to ensure that decisions are fair and based on all the relevant information.

What Decisions Can the ART Make?

After reviewing your case, the ART can make one of the following decisions:

• Affirm: The ART agrees with the original decision, and it remains unchanged.
• Vary: The ART makes changes to the original decision.
• Set aside: The ART agrees the original decision was wrong and makes a new decision.
• Remit: The ART sends the case back to the Department of Home Affairs with instructions to reconsider the decision.

How Long Do I Have to Lodge an Appeal?

The ART has strict timelines for lodging an appeal, typically 28 days from the date the decision was made. The exact timeline will be specified in the refusal decision letter from the Department of Home Affairs. It's crucial to submit your appeal within this time to avoid your case being dismissed.

Costs of Appealing to the ART

Most ART applications require an upfront application fee, which is currently $3,496. However, applicants who are experiencing financial hardship may be eligible for a 50% fee reduction. Additionally, if your appeal is successful, you may be refunded part of the application fee. For protection visa reviews, no upfront fee is required, but a fee of $2,151 applies if the appeal is unsuccessful.

You should also consider the cost of legal representation if you choose to work with a lawyer to assist with your appeal.

How Long Does It Take to Get a Hearing at the ART?

While processing times can vary, the ART typically takes several months to schedule a hearing. For example, cases related to bridging visas may be finalised in around 11 days, while protection visas can take up to 2,249 days.

It's important to be patient, but also proactive in preparing your case to ensure the best possible outcome.

Do I Need Legal Assistance?

While it's not mandatory to hire a lawyer for an ART appeal, working with an experienced immigration lawyer can significantly improve your chances of success. Legal professionals can help:

• Assess your prospects of success by reviewing the refusal reasons and available evidence.
• Gather evidence such as documents, statutory declarations, and expert opinions.
• Prepare compelling arguments to address the reasons for refusal and ensure the strongest aspects of your case are highlighted.

What to Expect at the ART Hearing?

The ART hearing is typically less formal than court proceedings. Here’s what you can expect:

• Where are hearings held?
  Hearings may take place in person, via video conference, or by phone, depending on the specifics of your case.
• How long will the hearing last?
  Hearings can last anywhere from a few minutes to several days, depending on the complexity of the case.
• Who will be at the hearing?
  • The ART Member who will question you and make the final decision
  • A hearing attendant to manage formalities
  • An interpreter if required
  • Your legal representative (if you have one)

What Happens After the Decision?

Once the ART has reviewed your case, they will issue a decision. If the decision is in your favour, the Department of Home Affairs will continue processing your visa application. If the decision is not favourable, the ART may affirm the original decision, or you may be able to appeal further to the Federal Circuit and Family Court of Australia.

Need Help with Your Appeal?

The ART appeal process can be complex, but with the right legal assistance, you can improve your chances of a successful outcome. If you’re facing a visa refusal and are unsure of your next steps, Bansal Lawyers can help guide you through the process.

Our experienced team specialises in migration law and has extensive knowledge of the ART appeal process. Contact us today to schedule a consultation and learn how we can assist with your visa appeal.

Contact Bansal Lawyers

For expert advice and assistance with your ART appeal, call us today at 0422905860 or email us at info@bansallawyers.com.au

This blog is intended for informational purposes only and does not constitute legal advice. Please contact a legal professional to discuss your specific circumstances.