ART Review
The Administrative Review Tribunal is not part of the Department of Home Affairs. It is an independent body that can review the Department’s decision to refuse or cancel a visa.
The Tribunal can only accept applications made by a person who has the right to apply for a review. If your review application is valid, you may be entitled to a bridging visa that will let you stay in Australia whilst the application for a review is pending.
The Administrative Review Tribunal (ART) takes a fresh look at the information that you and the Department of Home Affairs has submitted and utilises the same legal criteria followed by the Department when making the original decision.
You may be required to attend a hearing with the ART to present your case and answer questions. This is your opportunity to present new information in support of your matter. After the hearing or considering written submissions, the tribunal decides on the application. If the ART disagrees with the Department’s decision it will remit the decision, which means the application will be returned to the Department of Home Affairs to finalise.
If the ART affirms the decision (meaning that they agree with the Department’s original decision) you can seek Ministerial Intervention or go to the Federal Circuit Court.
Appeal Success Story
Appeal Success Story
Jane
ART Review formerly known as Administrative Appeals Tribunal (AAT)
‘Jane’ and her family discovered a problem when they received a letter from Immigration stating that their Second Stage Permanent Partner visa was refused. The reason for refusal was due to adverse information that the Department of Immigration believed should have been noted in the initial application. This adverse information related to the applcant’s character background.
After being refused the right to remain in Australia they had 21 days to lodge a review with the AAT (now known as the ART).