The Administrative Review Tribunal (ART) provides an independent merits review of certain decisions made under Australian Commonwealth laws, including many visa-related decisions. If a visa application is refused or a visa is cancelled, eligible applicants may be able to apply for a review by the ART.
Shanovia provides professional assistance with ART review applications, including preparing supporting documents, lodging review applications, and helping applicants prepare for tribunal hearings. Our team helps clients understand the review process and present their case effectively.
Which visa decisions can be reviewed by the ART?
The Migration and Refugee Division reviews many visa refusal and visa cancellation decisions made by the Department of Home Affairs.
The Tribunal may review decisions relating to:
- Family visas.
- Student visas.
- Visitor visas.
- Skilled visas.
- Temporary work visas.
- Bridging visas.
- Employer-sponsored visas.
- Humanitarian and protection visas.
- Certain sponsorship and nomination decisions.
Some migration decisions may not be reviewable, and eligibility for review depends on the specific decision and applicable legislation.
What powers does the ART have?
The Tribunal can independently review the merits of the decision made by the Department of Home Affairs.
During the review process, the Tribunal may consider:
- The original visa application.
- Documents and evidence previously submitted.
- Additional documents and evidence.
- Written submissions.
- Oral evidence provided during a hearing.
The Tribunal may also request further information or conduct additional inquiries where necessary.
ART review process
Lodge the review application
The first step is to lodge the review application within the applicable time limit. Strict deadlines apply, and late applications may not be accepted.
Applicants should generally provide:
- A copy of the refusal or cancellation decision.
- Supporting documents.
- Any available evidence relevant to the review.
Government application fees may apply, and in some cases a reduced fee may be available.
Confirmation of the application
After lodging the application, the Tribunal will provide confirmation that the review application has been received.
Case preparation
A careful review of the Department of Home Affairs decision is essential. This helps identify the reasons for refusal or cancellation and the evidence needed to strengthen the review application.
Shanovia assists clients with reviewing the decision, identifying legal and factual issues, and preparing supporting evidence.
Hearing preparation
If the Tribunal schedules a hearing, applicants may receive a hearing invitation and may need to provide additional documents before the hearing.
Applicants may also be able to bring witnesses where appropriate.
Attend the tribunal hearing
The hearing provides an opportunity to explain the circumstances of the case, respond to questions from the Tribunal, and present additional evidence.
Further information requests
The Tribunal may request additional documents, medical evidence, character documents, financial records, or other relevant information during the review process.
Tribunal decision
After considering all the evidence and submissions, the Tribunal will make its decision.
If the review is successful, the matter may be sent back to the Department of Home Affairs for reconsideration in accordance with the Tribunal’s decision.
If the review is unsuccessful, further legal options may be available depending on the circumstances of the case.
How can a registered migration professional help?
Professional migration assistance can significantly improve the quality of an ART review application.
Knowledge of Australian migration law
Experienced migration professionals understand Australian immigration legislation, review procedures, and Tribunal requirements.
Case assessment
A detailed assessment of the refusal or cancellation decision helps identify weaknesses in the original application and opportunities to strengthen the review.
Document preparation
Strong supporting documentation is often critical in Tribunal review matters. Professional assistance can help ensure that evidence is relevant, organised, and properly presented.
Written submissions
Well-prepared written submissions can clearly explain the legal and factual reasons why the original decision should be reconsidered.
Hearing preparation
Professional guidance can help applicants prepare for Tribunal hearings, understand the process, and respond effectively to questions.
Procedural compliance
Tribunal review applications involve strict deadlines and procedural requirements. Careful preparation helps avoid unnecessary delays or complications.
Why choose Shanovia for an ART review?
Visa refusal and cancellation matters can be complex and time-sensitive.
Shanovia provides personalised guidance throughout the ART review process, including eligibility assessment, document preparation, submission assistance, hearing preparation, and ongoing support.
Our goal is to help applicants present the strongest possible case and navigate the Australian migration review process with confidence.
