ART Appeals

What sort of visa appeals go to the ART?

The ART has the power to review matters that relate to decisions about bridging visas, family visas, nomination/sponsor applications, partner visas, permanent business visas, skilled visas, student visas, temporary work visas, some visitor visas, some humanitarian visa categories and citizenship. The ART does not review decisions relating to fast-track humanitarian visas.

What visa-related powers does the ART have?

As mentioned above, the ART has the power to review a range of migration related decisions. The ART will conduct its own independent assessment of your application.

Through the appeal process the ART will review:

• All documentation, evidence, forms and interview records are held by the Department of Home Affairs
• All submissions or evidence submitted by you to the ART
• All evidence supplied at your hearing

The ART also has their own independent powers to conduct investigations. If, during this process, the ART comes across any adverse information against you, or anyone involved in the visa refusal appeal, they will notify you in writing and ask you to comment on this information. We generally recommend you obtain legal advice if this happens.

What is the process for an appeal in the ART

1. Lodge your appeal application to the Administrative Appeals Tribunal
2. The ART will then send you a confirmation of application letter
3. You should start preparing your appeal case
4. The ART will send you a hearing invitation letter.
5. You attend your ART hearing with your witnesses and migration lawyer or Migration Agent (if you are represented).
6. The ART may ask for more information or documents
7. The ART decides in your case.

We recommend that you carefully read the Department of Home Affairs decision and the reasons your application was unsuccessful. The best strategy for a case will depend on your individual circumstances. Often it will involve:

• Preparing a statement outlining your explanation of different aspects of your case
• Obtaining supporting evidence such as medical reports or letters of support
• Identify people who could be witnesses to support different aspects of your case
• Doing legal research to explain why your case should win at the ART

The ART hearing is an important opportunity to explain your circumstances in person and to answer any questions the Tribunal member may have. The ART will provide you with an interpreter if you need one. You can bring witnesses to the hearing to provide evidence as well. You should tell the ART in advance if you plan to bring witnesses with you.