Appeals and Reviews

The Administrative Review Tribunal (ART)
Understanding the Review Process
Receiving a refusal on your visa application or sponsorship can be disheartening and stressful. However, don’t lose hope just yet! In many cases, there is an opportunity to seek a review through the Administrative Appeals Tribunal (ART), which may offer a pathway to a positive outcome.
Common Reasons for Visa Refusals:
• Legal Criteria: The application may not have met the required legal criteria at the time of assessment.
• Evidence Issues: Submitted evidence may have been unclear or misinterpreted by the decision maker.
• Incorrect Application of Law: The case officer might have applied the law incorrectly.

Why Consider an ART Review?
• Overturning the Decision: Seek to overturn the original decision and obtain a favorable outcome.
• Meeting Criteria: Gain additional time to meet specific requirements or criteria.
• Bridging Visa: Obtain additional time in Australia by applying for a Bridging Visa while the review is in progress.
• Ministerial Discretions: Access potential post-review Ministerial discretions.

Next Steps:
Analyzing the refusal decision provides crucial insights into the best course of action. Depending on various factors such as location, visa status, and legislative changes, the options may include applying for an ART review or lodging a new application.

At JS Migration, we are here to guide you through the review process, ensuring that you understand your options and help you take the necessary steps to achieve a successful outcome.

Going to the ART
• Strict Deadlines: It’s crucial to adhere to the deadlines for lodging a review application to ensure your case is considered.
• Hearing Participation: You have the opportunity to attend the hearing and present your case directly to the Tribunal Member.
• Additional Evidence: You can submit any new or relevant evidence that supports your application.
• Fair Review: The ART Member will apply the law impartially and is not bound by the Department’s potentially restrictive or incorrect policies.

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