Appeal in Court
What is ART?
The ART is an independent administrative tribunal that reviews government decisions in a variety of areas, including immigration and visas. This body offers applicants the opportunity to challenge and appeal an unfavorable decision when they believe that their case was not adequately evaluated or that there were errors in the evaluation.
Who can request a review in the ART?
In order to appeal the decision of the immigration department, it is important to note that the applicant must be physically in Australia to be able to attend the hearing. If you applied for a visa where you had an Australian sponsor (for example, partner, business or tourist visas – sponsored stream), your sponsor may appeal the decision for you. If you were out of the country at the time you submitted your application and did not have a sponsor, unfortunately you will not be able to appeal the decision, however, you may submit a new application focusing on and arguing the reasons for the rejection of your first application.
What is the process in ART?
- Request for review: First, carefully analyze the reasons why your visa was refused. It is essential to conduct this analysis with a professional, such as an immigration attorney, who will help you develop a clear strategy to argue against the refusal. Make sure you complete this step within the 28-day timeframe now allowed by the court.
- Fee payment: As of today (November 2024), an appeal at the ART costs $3,496 AUD. If you win your case and get the immigration decision changed, you will receive a 50% refund of that amount at the end of the process. Some applicants may be eligible for a reduction or waiver of the fee if they demonstrate financial hardship.
- Hearing: In most cases, the ART organizes a hearing at which you can present your arguments and any additional evidence. You may be represented by an immigration agent or immigration attorney.
Decision: After the hearing, the court will review the information presented and issue a final decision. This decision may confirm the initial rejection, return the case to the Immigration Department for reconsideration, or, in some cases, approve the visa.
Why consider a review in the ART?
The ART gives you the opportunity to submit additional information or evidence that may support your case and that may not have been considered in the immigration officer’s initial decision. Some of the most common reasons for requesting a review at the ART include:
- Evaluation errors: The immigration officer may have made mistakes in interpreting your information, background, or situation.
- Lack of complete documentation: If any relevant evidence was missing from the original application, the ART allows for the submission of additional information.
Change in your circumstances: Any relevant changes in your personal circumstances may be taken into account during the ART review.
Tips for a successful appeal in the ART
- Gather all the necessary evidence: Make sure you have all the relevant and up-to-date documentation to support your case. This includes reference letters, financial statements, employment documents, among others.
- Seek professional help: An immigration agent or lawyer with experience in ART cases can help you structure your case and improve your chances of success.
- Prepare for the hearing: The hearing is an opportunity to demonstrate your commitment and explain your circumstances. Be prepared to answer questions and argue why your visa should be reconsidered.
A visa refusal does not necessarily mean the end of your project in Australia. With the new ART, you have the possibility to appeal and present additional information to support your case. This process, although complex, can lead to a favorable resolution if you are properly prepared.
If you need guidance or support in your appeal before the ART, we recommend that you contact our expert appeals team to begin evaluating your case as soon as possible.
How can we help you?
Our team of migration experts have years of experience in handling protection applications. We offer:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your Court Appeal application process, contact us today for an initial consultation.
FAQ
With the new ART, you now have 28 days from the date you receive the denial notice to submit your request for review. This change gives you more time to gather the necessary documentation and prepare your case.
The ART review fee varies depending on the visa type, but is generally around AUD 3,496. There are 50% reduction options for those who demonstrate financial hardship, and in certain exceptional cases, a full waiver may be requested.
It is not mandatory, but having a specialized immigration agent or attorney can increase your chances of success. An experienced professional can help you structure your case, present solid evidence, and represent you at the hearing.
The time varies depending on the court’s workload and the type of visa you are appealing. On average, the process can take between 12 and 24 months, although some cases are resolved sooner. The court will notify you of its decision in writing after the hearing.
If the ART upholds the negative decision, you may consider appealing to the Federal Court of Australia, but only if there was an error of law in the ART process. Alternatively, you could explore the possibility of applying for another type of visa, as long as you meet the requirements.
Yes, in some cases you can apply for another visa while you wait for your ART hearing. However, this will depend on the type of visa and the current conditions of your stay in Australia. It is important to check whether your current visa or immigration status allows for an additional application and consider how this might affect your ART case. Consulting with a lawyer or immigration agent can help you determine the best strategy for your specific situation.
