As of 14 October 2024, the Administrative Appeals Tribunal (AAT) has been replaced by the Administrative Review Tribunal (ART). The ART continues to review decisions made by government agencies, including visa refusals and visa cancellations by the Department of Home Affairs. While the tribunal’s name has changed, its core function remains the same.
An applicant can review a decision issued by a government agency or department through an administrative review. To contest a Department of Home Affairs decision regarding the issuance or denial of a visa, or the termination of an existing visa, an applicant may file an administrative review.
In most cases, you can review the decision of the Department of Home Affairs to have it overturned after it has already rejected your application for a visa. You can take your case to one of the special tribunals the Australian government has set up so that your visa application can be evaluated. One such agency was the Administrative Reviews Tribunal (AAT), which has now been replaced by the Administrative Review Tribunal (ART) for the express purpose of hearing reviews against Department decisions.
Anyone with review rights whose visa application was denied or cancelled in Australia may file an administrative review. There are, however, conditions that must be completed before a review can be considered.
Due to the complexity and length of the review process, it is strongly advised that you retain the services of migration agents in Australia to help you achieve the best possible result.
Some possible grounds for visa refusals are as follows:
If your Australian visa application is rejected, you can file a review by following these procedures:
If the visa request is denied, you have 28 days to file a review with the ART. You have the option of applying either online or on paper. For work visas or other visa types, involving a formal nomination process, a sponsor or nominator can also apply on your behalf. There is a strict deadline of 7 days to file a review if you are in immigration detention.
The Review Fee for migration decisions is $3496 and must be paid at the time you lodge your review application. It’s possible to get a 50% discount on the price if paying the full amount would put an undue strain on your finances.
For protection visa decisions, there is no upfront fee for applying. However, if the review is unsuccessful, a fee of $2151 is payable.
It’s crucial to remember that the time you have to file a review can change depending on the type of visa you applied for and the reason it was denied. The Immigration Office will provide a written decision on your visa application, and that notice will include details on the review process and deadline.
It is the policy of the ART to refund your fee in the event of a negative judgment regarding your review. In other words, if the decision goes in your favour, you’ll get half of your original or reduced chargeback.
If your visa application is refused, you generally have up to 28 days from the date of the decision to submit a request for a review with the ART. However, if you are in immigration detention, the timeframe is reduced to 7 working days. It is crucial to adhere to these deadlines, as late applications are typically not accepted.
Processing times for ART reviews vary based on the type of visa and the specifics of each case. The ART has not yet published comprehensive processing time statistics. However, data from the former AAT’s Migration and Refugee Division (from 14 April 2024 to 13 October 2024) provides some insight:
These figures are indicative and may not reflect current ART processing times. It is advisable to consult with a migration agent or legal professional for the most up-to-date information.
Navigating the administrative review process can be complex and time-consuming. Engaging the services of an experienced migration agent or legal professional can significantly enhance your chances of a successful outcome. They can provide tailored advice, assist with the preparation of your application, and represent you during hearings.
At Heenan & Browne Visa and Migration Services in Canberra, Sydney, Melbourne, Brisbane and Cairns, our skilled migration agents are equipped to offer professional support with administrative reviews for visa refusals and cancellations. With extensive knowledge of Australian immigration law and procedures, we provide personalised guidance to each of our clients. We are committed to supporting you throughout the entire review process.
Book a consultation today to engage our assistance with your visa review process.
