What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is an independent review body that reviews certain decisions made by the Department regarding visa refusals, visa cancellations, sponsorships, and nominations for eligible applicants.
Being an amalgamated tribunal, ART in Australia undertakes the same responsibilities as the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT). ART can help you reconsider your case and has the power to:
- overturn or remit a decision
- substitute another decision
- return the case to the Department of Migration for reconsideration
- affirm the original decision
Since the ART is adhered to follow the Australian migration regulations, it has no right or power to grant a visa to an applicant who doesn’t meet the eligibility or documentation requirements.
Who Can Apply For ART Review?
You may be eligible to apply for an ART review, only if you fit the following situations:
- You applied for a visa while in Australia, but the Department of Home Affairs rejected your request.
- You are currently in Australia, but the Department of Home Affairs cancelled your visa.
- You were denied a visa while in Australia, and the Department denied your request to have the cancellation reversed.
- You applied for a visa outside of Australia and are sponsored for a visa by your employer or another person. Your sponsor or nominator may apply to the ART for review of the decision to refuse your visa application.
- You applied for Standard Business Sponsorship as an employer and the application was refused
When Can You Lodge Your Appeal To The ART?
In most cases, you have 21 days to file an appeal with the ART. But, in few cases, the nature of the decision and your manner of conveying it may affect the lodging duration.
If you fail to file an appeal in this duration window, your right to review with the ART will be lost.
Merits Review of an ART Decision
Upon appealing to the ART, a decision is made based on your case facts. This implies ART takes the role played by the Department of migration and Border Protection in its hands to come up with a decision or new judgement.
Any relevant facts can be taken into consideration – and you do have the opportunity to present new evidence to the Tribunal.
In case of a negative ART decision, you can take your appeal to the Federal Court, but you may only receive a positive decision in case of migration error.
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In Collaboration With
Ashton, Holmes Institute, Southern University and more. We love to see our clients happy & make their migration easier with our collaboration partners.
ART Appeals Assistance With Excel Migration
Since the appeal process can be very daunting and stressful, it’s recommended to choose a qualified migration agency to represent you at the ART.
At Excel Migration, we have successfully represented hundreds of clients at the ART and got positive reviews. If your or your loved ones visa got refused or cancelled, don’t hesitate to contact us for professional consultation and assistance with ART representation. We’ll guide you in depth about the odds and your prospects of a successful appeal.
Our ART migration agents can:
- Communicate with the ART on your behalf
- Provide written evidence to the ART along with written submissions on your behalf
- Request access to documents relating to the review
- Attend the hearing with you
If you want us to represent on your behalf, get ready to achieve a successful outcome.
