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Appeal Against a Visa or Citizenship Refusal
ART Merits Review
When an applicant is convinced that they have been negatively affected by an ‘administrative decision’ of the Department of Home Affairs, then often such an applicant may challenge that decision before the Administrative Review Tribunal (‘ART’). For example, if a person applies for a Visitor visa, Partner visa, onshore Protection visa, or Student visa and that application is refused (or cancelled), the decision may generally be challenged before the AAT.
Similarly, ART can take a fresh look at a Department's decision to refuse your application for Australian Citizenship or to cancel your Australian Citizenship.
Once a decision is challenged before the ART, the ART can assess all the facts of the case. It can then make a new ('de novo') decision. The ART can ‘affirm’ the decision (that means it can determine that the original decision does not need to be changed); or it can ‘remit’ the matter back to the Department of Home Affairs with directions/findings (that means, once your matter/case is remitted/returned to the Department of Home Affairs, the Department will have to consider your case again in light of the ART directions). After remittal, the Department of Home Affairs may replace its previous decision to refuse your visa or citizenship application with a fresh decision to grant you a visa or approve your citizenship. Further, ART may also ‘substitute’ the Department of Home Affairs’ decision with its own decision. That means AAT can accept your appeal and grant you the visa that was refused previously by the Department of Home Affairs.
Practical Tips For ART Merits Review Applications
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It is not always straightforward or easy to convince the ART that your visa or citizenship application was incorrectly refused (or cancelled). Hence, you must consider and collect all the information and evidence that may strengthen your visa or citizenship application while you wait for the hearing at ART. Remember, AAT can consider all the relevant evidence up to the point of deciding on your review application.
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When completing any relevant application and forms for ART review, you must think about why you are expected to make a particular statement. Why has a particular question been inserted in a form? (Remember: most of the statements and questions are in the application/forms for a reason.)
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Seek professional assistance to maximise your chances of success in securing your desired outcome in ART Appeals.
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​If the Department has refused your application, you must check your ‘Review Rights’ in the notice of refusal you received. Also, find out how many days you have to challenge the refusal. If you have been given ‘Review Rights’ and a timeframe in which you can challenge the decision, then you must lodge your review application within that timeframe. If you fail to lodge your review application within the stipulated time, you will most likely not be able to challenge the refusal or cancellation decision after the deadline. After the deadline, ART may not be able to take up your review application even if you are certain that your visa was refused incorrectly.
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How To Apply For the ART Merits Review?
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You can lodge an ART Merits Review application for a migration-related matter through ART's online Portal. It is quite easy to use. You can also upload any supporting documents through that portal. Depending upon the nature of your ART Review Application, your application will be heard either in the General Division of the ART or the Migration & Review Division of the ART.
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If you are unsure about an ART Merits Review Application and do not know where to start, you can contact the nearest ART registry for guidance. They can point you in the right direction.
Should You Seek Professional Assistance for an ART Appeal?
Often, challenging a refusal decision before ART is not a cheap and easy option for everyone. You must have a good understanding of the workings of ART and the relevant laws, policies, and procedures to be able to present your matter before ART with confidence. If this is the first time you are applying for a merits review/appeal before ART, then you may need to ensure that you get your facts correct from the beginning, your understanding of the relevant visa/citizenship criteria is sound, and you have all the evidence you may need at ART.
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The application fee for AAT appeals is:
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AUD 1,940 for the review of a Protection visa, and
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AUD 3,153 for the review of most other visa refusals/cancellation decisions. ​
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ART will refund:
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The application fee you paid if AAT decides that your application is invalid
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50% of the full application fee if you paid the full fee and AAT decides you can pay the reduced fee.
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If the review is decided in your favour, AAT will refund:
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50% of the reduced fee amount you paid; or
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50% of the full application fee if you paid it.
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If you withdraw the application for review, a refund of the fee is only paid in very limited circumstances.
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However, in some cases, either there is no fee, or you may be eligible to pay a reduced fee.
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Processing Times
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Depending on the type of your Merits Review application, the AAT may take from a few months to a few years to make a decision. In very exceptional cases, the AAT may conduct a 'priority hearing' upon request.
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See Our Blog(s) on ART Reviews and Appeals to Learn More
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Search “AAT Merits Review”, 'AAT Appeal' or 'Visa Refusal or Cancellation' on our Blog Page
If you need our assistance with your AAT matter, we are here to help! Should you wish to discuss your circumstances and options with us, please click 'Contact us'.
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Warning! Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website concerning Australian immigration laws and policies (or on any other matter) is comprehensive and intended to be legal advice. Failure to receive professional advice - tailored to your specific circumstances - may prove costly to you in many respects. Please read our Terms and Conditions.
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