Visa Appeal ART

How long before an immigration appeal hearing?

Can you appeal an immigration decision?

You can appeal most immigration refusal decisions and immigration cancellation decisions if you are in Australia at the time of the decision. Whilst letters from the Department can be incorrect, this decision notification will often explain quite clearly whether you have an appeal right to the ART or not.

Take care to note whether or not you have appeal rights, and take particular care to note the period in which you must lodge your application for review.  In some cases, you may have appeal rights to the Federal Circuit Court or the Federal Court of Australia, though you may not have appeal rights at the ART. In the case of protection visa applications, your application might be reconsidered by the immigration assessing authority which stands in a similar position to the ART but conducts a review of the papers rather than with their hearing.

How much is an immigration appeal?

To file an appeal against an immigration decision, you will need to pay a filing fee at did measure appeals tribunal if indeed you have an appeal right to the tribunal. In most cases that filing fee is about $1,800. Additional fees for which you should budget are your ration lawyer fees and disbursements that may be incurred while your immigration lawyer is in the process of preparing for the ART hearing.

The costs for running an appeal after a refusal at the measure of the appeals tribunal vary significantly and should be discussed with a qualified immigration law practitioner. A migration agent is not in a position to advise you in relation to costs in the Federal Circuit Court or the Federal Court of Australia. You should seek advice from a suitably qualified practitioner and one who is an Australian legal practitioner and holds a practicing certificate.

How do I appeal a visa refusal in Australia?

If you have an appeal right to the ART then how you lodge an appeal is by filling in an online form with information about the individuals who are seeking review by the ART, together with relevant information about the decision which is the reason for their review request.  An appeal can be lodged quickly at the art.gov.au website. Take note that different time periods apply with respect of when you are able to make an appeal to the ART, and importantly if you have a visa cancellation. The time for making an application after a visa cancellation is far shorter than the time for making an application after a visa refusal. 

Can I apply for an Australian visa after refusal?

There is a provision in the migration rules that significantly limits what you can do if you are in Australia and you are the holder of a bridging visa rather than a substantive visa and you receive a refusal. The general rule is that if you are the holder of a substantive visa whilst in Australia, you can lodge a further visa application in Australia, subject to the requirements of that particular visa type.

Can you appeal a visitor visa refusal?

If you receive a visitor visa refusal and you are in Australia, you can make an application for an appeal. The position is different if you are overseas at the time of lodging your visitor visa and at the time of receiving your visitor visa refusal in appeal rights. This will depend on whether or not your application is one which is a sponsored application. 

Once again, you should take care to get specific immigration advice about any visa refusal.

What happens if my visa gets rejected?

If your visa gets rejected, you typically have a period to exit Australia. This assumes you have lodged a valid visa application while in Australia and received a bridging visa. This visa allows you to stay until your application is finally determined. Of course, you might not need to exit Australia if you appeal your visa rejection. If you are granted a bridging visa for the appeal, you can remain in Australia.

What if an Australian visa is rejected?

You need to determine if you have appeal rights and decide whether to appeal the visa decision or lodge a new visa application. Consider whether to apply onshore or offshore.

Do I get a refund if my visa is refused?

It is highly unlikely that you will receive a refund if your visa application for Australia is refused.

Can we work on an MRT visa?

Can you appeal an ART decision?

You can appeal ART decisions if they contain legal errors, also known as jurisdictional errors. Identifying these errors is a routine part of our work, though it is challenging. Consult an immigration lawyer for specific legal advice on whether the tribunal has made an error in your case. Migration agents cannot provide this legal advice.

How do we appeal to the ART?

In general, an online application can be lodged concerning any refusal or cancellation.

Here are a few important tips to keep in mind:

1. File with the Correct Division: Ensure you file with the appropriate division of the ART. Most migration decisions go to the Migration and Refugee Division (MRD). However, some decisions, including those under Section 501 of the Migration Act relating to criminal records and certain citizenship decisions, are filed with the General Division of the ART.

2. Adhere to Strict Time Limits: Depending on the nature of the refusal or cancellation, you must submit the review application within a strict timeframe. The notification you receive will generally provide details on time limits and the correct division. Nonetheless, it’s wise to review the relevant regulations before lodging your review application.

3. Request Hearing Recordings: Always request a copy of the hearing recording at the end of the hearing.

4. Monitor Hearing Dates: The ART is not required to inform you of the hearing date in advance. Therefore, regularly check with the ART to confirm if your matter has been assigned a hearing date. They are obligated to provide this information upon request.

To discuss in detail, contact MyVisa Immigration offices in Sydney, Melbourne, Brisbane, and Perth.