Appeal Information
ART Visa Appeal
Information for migration review applicants
The Administrative Review Tribunal ("ART") is a statutory body with the power to review decisions made under the Migration Act 1958 by the Minister, or by officers who are delegates of the Minister in the Department of Home Affairs.
In conducting a review, ART must consider the case afresh and make a decision that is correct in law. ART have the power to overturn decisions and to substitute another decision, or return a case to the department for reconsideration with directions. ART are required to provide a review that is fair, just, economical, informal, quick and proportionate.
Visa criteria and matters relating to the cancellation of visas, to sponsors, employer nominations and the points system are set out in the Migration Act and associated regulations.
How long will the review take?
ART generally review cases in date order, but give priority to cases where:
- a person is in immigration detention
- there is a question as to whether or not ART have jurisdiction to conduct a review
- an authorised person decides there are compelling reasons for priority
- a visa has been cancelled
- a court has remitted or returned a matter for ART to reconsider
- the applicant has made a further application, following the initial application being remitted to the department and again refused
- there is a close family visitor refusal (in limited circumstances).
As each case is different, it is difficult to say how long it will take for ART to make a decision on your case. The length of a review can depend on a variety of factors.
You can request that priority be given to allocating and processing your case, if you believe that there are compelling reasons to warrant it. Any request should be in writing and accompanied by supporting evidence. ART will advise you of the decision about priority in writing.
Where will my application be processed?
ART process applications at their offices (registries) in NSW, Victoria, Queensland, South Australia or Western Australia, based on the residential address of the applicants at the time of lodgement of the review application. Where applicants are located in NSW or the ACT, their applications are processed in NSW. Where applicants are located in Victoria or Tasmania, their applications are processed in Victoria. Where applicants are located in South Australia or the Northern Territory, their applications are processed in South Australia. Where applicants are located in Queensland, their applications will be processed in that state. Where applicants are located in Western Australia, their applications will be processed in that state. If an applicant has moved interstate after lodgement of the review application and before their case is allocated to a Member, their review file will be automatically transferred to and processed by the relevant registry as listed above.
What happens next?
ART will now ask the department to provide any documents or files it has that relate to the decision you want reviewed.
ART can only review a decision if a valid application has been made. ART will advise you if it appears that your application is not valid.
ART review process varies according to the circumstances of each case. ART may:
- seek further information, if it is considered necessary
- invite you to comment on any information that ART believe would be (part of) the reason for affirming the decision you want reviewed
- invite you to appear to give oral evidence and present arguments at a hearing (in some cases, this may be by telephone or video conference) if a decision cannot be made based solely on your application and other documents submitted
- invite you to nominate other people who could give or provide evidence, and
- invite you to suggest other evidence or materials that ART might obtain.
In some cases, the Member may announce the decision at the end of the hearing. The Member may decide to send you written reasons for the oral decision, in which case you will be sent the reasons within 14 days after the hearing. Alternatively, the Member may announce the decision and make an oral statement of the reasons for the decision at the hearing. If this occurs, you are entitled to make a written request within 14 days of the hearing for us to provide you with a written version of the decision and reasons which were stated at the hearing. However, in most cases a decision will not be made at the end of the hearing, and when the Member makes a decision, ART will send you and the department a written statement of decision and reasons.
What if my personal circumstances change?
If your personal circumstances change, or the visa applicant’s change (such as they get married, divorced, have a child, or your relationship with the visa applicant changes) and this is relevant to the review of the decision, you should immediately advise ART.
If you wish to travel overseas while you have a review application before ART, you should ensure you have the appropriate visa to enable you to return to Australia. If you decide to travel overseas, you should advise ART in writing and provide the approximate dates for your travel and your overseas contact details.
What if I decide to withdraw my application?
An application can be withdrawn at any time. If you do so, ART will not take any further action and the decision under review will remain unchanged. A refund of the application fee on withdrawal is only available in very limited circumstances, such as the death of the visa applicant or a member of that applicant’s family unit, or following the grant of a visa of the same class (other than on a reconsideration of the points score, applicable to the assessment process for certain skilled visa subclasses). Where a refund applies, a refund cheque will be made payable to you. If you would like the refund cheque to be made payable to another person, you must provide ART with your written authorisation. The refund cheque will be sent to you or, if you have nominated an authorised recipient, to that person.
