As Accredited Specialists with the Law Institute of Victoria, we are able to guide clients through the entire range of immigration matters, from lodging primary visa applications, appealing a refusal decision at the Administrative Review Tribunal (ART) or the Federal Circuit Court (FCC).
A visa refusal or cancellation is not necessarily an immediate cause for forced departure from Australia. Most decisions made by the Department of Home Affairs are reviewable, but this must be done within a limited timeframe.
The first step is often an appeal to the Migration and Refugee Division of the ART, who can make one of the following decisions:
In limited cases, further judicial review may be available for applicants whose decisions were affirmed by the ART.
Previously known as ADMINISTRATIVE APPEALS TRIBUNAL (AAT); the ART has replaced the AAT. However, all AAT applications lodged on or before 13 October 2024 will be automatically transferred to the new ART system.
A review application to the ART is based on the merits of the case. The Tribunal member will review the application independently, considering all facts and evidence, and can overturn or make a more favourable decision than the original decision.
Unlike formal court proceedings, the ART operates in an informal setting, allowing applications to present their case personally before as Tribunal member. Our Accredited Immigration Specialist has extensive experience with appeal matters and can offer expert advice, assistance and representation for your appeal matter.
An application to the Federal Circuit Court can only be done where there has been an error of law. This is a very complex and technical area of law, and is not based on the individual merits of the case. Any application to the FCC should only be made with proper legal advice, as often the costs for applying can be very high.
A ministerial intervention application is one made directly and personally to the Minister of Immigration and Border Protection or to an appointed delegate on the Minister’s behalf to have a matter reconsidered on discretionary grounds. The Minister may only be accessed, however, after a decision has been considered by the AAT under a review process. All matters are considered on a case-by-case basis, and the Minister will only exercise their discretion in unique and exceptional circumstances.
