Independent review of eligible migration and citizenship decisions

A visa refusal, visa cancellation or other unfavourable migration decision can have immediate consequences for a person's status, family and future in Australia. Some decisions made by the Department of Home Affairs or a Ministerial delegate can be reviewed by the Administrative Review Tribunal, commonly referred to as the ART.

The ART conducts an independent merits review. It considers the relevant facts, evidence and law and determines the correct or preferable decision within its jurisdiction. This is different from judicial review by a Court, which focuses on legal error rather than reconsidering the merits of the application.

Can the ART Review the Decision?

Not every migration or citizenship decision is reviewable, and the right to apply may belong only to a particular person or organisation. Depending on the legislation and circumstances, review may be available for certain visa refusals or cancellations, sponsorship and nomination decisions, protection matters and citizenship decisions.

The Department's decision letter generally states whether review is available, who may apply and the deadline. Time limits are strict and can be short. Whether extra time can be requested depends on the type of review, so the decision letter and notification date should be checked immediately.

Building the Review Case

An effective review application should respond directly to the reasons for the original decision. Simply resubmitting the earlier application may leave the same concerns unresolved. We analyse the decision, identify the legal criteria in issue and prepare a strategy for addressing factual, credibility or evidentiary weaknesses.

The review may involve new or updated relationship evidence, employment or business records, financial documents, medical or expert reports, character references, country information, personal statements and witness evidence. The material should be organised and explained so that its relevance to the disputed issues is clear.

Written Material and Hearings

The ART may request documents or submissions and may invite the applicant to a conference or hearing. Some matters can be decided on the written material. We help clients meet directions, prepare for likely questions, present their evidence clearly and address concerns raised by the Tribunal.

How We Can Help

◆ Reviewing the decision, confirming review rights and identifying the filing deadline

◆ Preparing and lodging the ART application and managing procedural directions

◆ Obtaining records and gathering new or updated supporting evidence

◆ Preparing witness statements, written submissions and clients for a hearing

◆ Representing clients at conferences or hearings and advising on the outcome

Possible Outcomes and Further Options

Depending on its powers, the ART may affirm, vary or set aside the original decision, substitute another decision or return the matter for reconsideration. If the review is unsuccessful, judicial review may be available where jurisdictional error has occurred. A Court does not conduct another merits review, and separate deadlines apply, so prompt advice is essential.