Facing a visa refusal? You may appeal the decision through the Administrative Review Tribunal (ART).
The visa refusal appeal process can look complex, but with the right legal guidance, you can significantly improve your chances of success.
Our experienced migration agents specialise in handling appeals for visa refusal in Australia, provide expert advice, manage the submission process, and represent you throughout the appeal to give you the best possible outcome.
The transition from the AAT to the ART represents a significant reform in Australia’s administrative review system. Here’s a comparison to help you understand the changes in the AAT visa refusal appeal:
| Establishment | Established in 1976 | Commenced on October 14, 2024 — replacing the AAT |
| Jurisdiction | Reviewed decisions under various Commonwealth laws, including immigration, social security, and taxation. | Maintains the AAT’s jurisdiction and continues to review decisions under approximately 400 Commonwealth laws. |
| Appointment Process | Members were appointed without a formalised merit-based process and it led to concerns about impartiality. | Implements a transparent and merit-based selection process for appointing members to ensure independence. |
| Procedural Approach | Aimed to be informal but faced criticism for delays and backlog. | Focuses on being fair, just, quick, and informal, with reforms to address previous inefficiencies. |
| Caseload Management | Experienced significant backlogs, particularly in migration and refugee cases. | Introduces sustainable funding and additional members to address existing backlogs and improve case management. |
Visa refusals happen for various reasons, often depending on the visa subclass. Below are common causes of visa refusals in Australia.:
Regardless of why your visa was refused, our team will analyse your case and create the strongest possible appeal strategy.
Appealing a visa refusal through the Administrative Review Tribunal (ART) requires a structured and timely approach. Here’s a detailed breakdown of the process:
We begin by assessing your case to determine eligibility for an ART appeal. Our team reviews the refusal decision with you, understands the reasons provided, and evaluates the merits of lodging an appeal.
The time limits for lodging an appeal vary depending on the type of visa and your circumstances. Missing these deadlines can forfeit your appeal rights, as the ART generally does not have the authority to extend time limits for lodging applications.
Our team assists in gathering new supporting documents and formulating legal arguments to strengthen your case. This may include:
If required, we represent you before the ART to present your case effectively. It’s important to be well-prepared, as the hearing is a critical component of the appeal process. During the hearing, both you (or your representative) and the Department of Home Affairs can present evidence and arguments. The ART member may ask questions to clarify aspects of your case.
After the hearing, the ART will review all submitted materials and make a decision. After the ART visa refusal appeal processing time, you will receive the decision in writing, which may:
The ART aims to make decisions promptly, but the time it takes depends on the case’s complexity and workload.
The Administrative Appeals Tribunal’s official guidelines provide comprehensive information on the ART appeal process.
Time is critical in the appeal process. Contact us today to start your appeal and ensure all procedural requirements are met promptly.
An experienced migration agent dramatically improves your chances of a successful outcome against a visa refusal in Australia.
If your ART visa refusal appeal is unsuccessful, you still have options:
We’ll help you assess your next steps and find the best alternative solution.
At Pace Migration, we’ve helped countless individuals overturn their visa refusals. Our clients trust us because we provide:
Here’s what some of our clients say about working with us:
Don’t let a visa refusal in Australia stop you from your plans. Our migration experts are ready to help you appeal your case and achieve the best possible outcome.
Contact us or book a consultation today to discuss your visa appeal options.
We also offer other visa services, including, but not limited to:
…and more.
Explore our full range of services to learn more about how we can help you.
The ART visa refusal appeal fee depends on multiple factors, including the type of visa and whether you require legal representation.
As of 2024, the standard ART application fee is AU$3,496, which must be paid when appealing. A 50% fee reduction may be available for applicants experiencing financial hardship.
You must also consider costs for legal representation, document preparation, and expert reports to support your appeal. Our team can provide a detailed breakdown of all potential costs during a consultation. However, the average professional fee of the ART representation is $6,600.
Not all visa refusals are eligible for an appeal at the ART. The right to appeal depends on the type of visa and the circumstances of the refusal. If you’re unsure whether your case is eligible for appeal, we can assess your situation and provide guidance.
Yes, in most cases, you can submit new evidence and additional documents to strengthen your appeal. The ART will generally consider all evidence submitted before the hearing date. Our migration experts can help you prepare a strong appeal with clear, relevant, and well-organised supporting evidence.
Your ability to work or study during the appeal process depends on whether you hold a valid Bridging Visa. When you lodge an appeal, you may be granted a Bridging Visa A (BVA) or another type of bridging visa, which allows you to remain in Australia legally.
If your visa application is refused, you must act quickly, as ART appeal deadlines are strict. The time limit for lodging an appeal varies. Don’t wait until the last minute. Contact us when you receive a refusal so we can evaluate your options and begin the appeal process.
If you have other questions about migration, you can check our Immigration FAQs for more details.
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