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Administrative Review Tribunal (ART)
Facing a visa refusal or cancellation can be stressful, but the Administrative Review Tribunal (ART) provides a pathway to challenge negative immigration decisions. Our expert migration consultants assist with:
• Assessing your refusal letter to determine appeal eligibility.
• Compiling and presenting strong legal arguments with supporting evidence.
• Representing you at the tribunal to advocate for a positive outcome.
• Providing strategic guidance to maximize your chances of success.
Frequently Asked Questions About ART Reviews
What is the Administrative Review Tribunal (ART)?
The ART is an independent body that reviews decisions made by the Department of Home Affairs regarding visa refusals and cancellations. It assesses cases based on immigration laws and available evidence to determine whether the decision should be overturned, substituted, or upheld.
Who can apply for an ART review?
You may be eligible for an ART review if:
• Your visa application was refused while you were in Australia.
• Your visa was canceled while you were in Australia.
• You are a sponsor or nominator for a visa application that was refused.
• Your employer's sponsorship or nomination application was denied.
How long do I have to lodge an ART appeal?
Generally, you must lodge an appeal within 28 days of receiving your visa refusal or cancellation decision. In some cases, the timeframe may vary depending on the nature of the decision and the way it was communicated.
What happens during the ART review process?
The tribunal will reassess your case by reviewing all evidence, including any new information you provide. They may:
• Overturn or remit the original decision.
• Substitute the decision with a different outcome.
• Send the case back to the Department of Home Affairs for reconsideration.
• Affirm the original decision, meaning the refusal or cancellation stands.
Can the ART grant a visa?
No, the ART does not have the authority to grant visas. It can only review the decision made by the Department of Home Affairs. If your appeal is successful, the case may be sent back for reconsideration, giving you another chance to meet visa requirements.
