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COMPLEX MATTERS

ART Appeals (Administrative Review Tribunal)

Appealing a Departmental decision. Independent merits review for visa refusals and cancellations.

A refused or cancelled decision is devastating, especially when the decision by a case officer seems unfair or wrongly made. Fortunately, reviewable decisions fall under the jurisdiction of the Administrative Review Tribunal (ART) for merits review.

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The ART operates independently from the Department and looks at your application afresh, examining all the facts, evidence, and law relevant to your matter. Decisions made by the ART are published to ensure transparency and accountability in migration decision making.

Strict Time Limits

Timeframes for applying to the ART are strict and inflexible and missing a deadline can permanently remove your right to review. Departmental decisions (other than those made under section 501 and section 501CA) generally provide for 28 days to apply for appeal. The ART does not provide discretions to extend application deadlines. If you are unsure when your timeframe expires, contact us immediately.

The Power of the ART

The Administrative Review Tribunal has the power to:

Affirm

The Department’s decision (agree with it).

Vary

The decision (change part of it).

Set Aside

Substitute a new decision (make a different decision).

Remit

The matter to the Department for reconsideration with specific directions.

What Can Be Reviewed?

The right to seek review depends on the type of decision. Most decisions made by the Department under the Migration Act 1958 can be reviewed, including:
  • Decision to refuse your visa:
    • Student and visitor visa decisions (including GTE assessments).
    • Partner and family visa refusals (relationship genuineness or sponsor eligibility).
    • Skilled visa refusals (points, work experience, or skills assessments).
  • Decision to cancel your visa: Often issued under section 116 (general grounds) or section 501 (character test).
  • Sponsorship and nomination refusals: In employer sponsored and family sponsored visa programs.

Note: Decisions made personally by the Minister for Immigration or those involving national security matters may not be reviewable by the ART.

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Our Approach to ART Review

An application for review with the ART is often a vital opportunity to correct an unfair or incorrect decision.
  • Review Decision
We start by reviewing your decision notice, identifying which provisions of the Migration Act 1958 were applied, and identifying potential legal errors in judgement.
  • Assess Grounds
We then assess your grounds for appeal and determine whether new evidence can strengthen your case. Our first goal is clarity.
  • New Evidence
The ART allows the submission of new material not previously available. This is an excellent opportunity to gather new evidence to support your case.
  • Submission
We ensure the comprehensive legal submission is structured for readability and persuasiveness and formatted for maximum impact.

Benefits of Review: Clarify errors, provide new/updated evidence, explain personal/health/family circumstances that warrant compassion, and ensure your case is assessed independently and fairly.

Expert Support for All

From employer sponsorship and skilled migration to partner and family visas, we assist clients across a wide range of Australian immigration matters with professional guidance and personalised support. Contact us today to learn more.
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We love hearing from you

Ready to take the next step on your immigration journey? Get in touch, and we’ll guide you forward.

Email us on info@wintrconsulting.com.au. 

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