ART Appeal

ART Appeal (Administrative Review Tribunal) – Migration & Citizenship reviews

Scope: Many refusals (and some cancellations) can be reviewed by the ART (which replaced the AAT in this context). Strict time limits apply. Fees may change annually (indexation on/after 1 July). In expedited character matters, time limits are very short.

Our appeal framework

Time‑limit check & filing (protect jurisdiction).
Record request and decision‑maker reasoning analysis.
Affidavits & corroboration plan targeted to each adverse finding.
Written submissions addressing the facts, the law and relevant guidance.
Hearing preparation & representation – mock Q&A, document bundles, witness handling.

Document checklist – ART review

Decision notice & exact date of notification.
Your complete visa file; prior submissions; bridging status and conditions.
Fresh/updated evidence; witness statements; employer/partner declarations; expert reports where useful.
Proof of fee payment (note: standard fees apply; some applicants may be eligible for reduced fees).

Possible outcomes

affirm, vary or remit the matter to the Department for reconsideration with directions; or dismissal if lodged out of time/unpaid.

Example case narrative (visitor refusal):

One recent case involved a visitor visa refused on “Genuine Temporary Entrant” grounds. We restructured the client’s narrative, added detailed declarations (family ties, financial stability, travel history), and presented fresh evidence of commitments overseas. The ART overturned the original decision, enabling the client to travel.

ART appeal playbook – step by step

Deadline capture: we diarise the exact last day to apply (jurisdictional).
Record of decision: request and review the Department’s material, refusal reasoning and any credibility findings.
Case theory: identify the shortest path to “remit” (e.g., address one missing element that unlocks the rest).
Evidence sprints: employer references, statutory declarations, new third‑party documents, expert reports where appropriate.
Written submissions: concise issues list, law, policy and facts, with pinpoint references to your evidence bundle.
Hearing prep: witness outlines, mock questions, bundle pagination, late‑evidence strategy.
After the decision: if remitted, we shepherd the matter back to the Department; if affirmed, we advise on next steps (fresh application/judicial review/other options).

ART appeal – skeleton

Issues list from delegate’s reasons.
Evidence upgrades: documents + witnesses.
Legal submissions (facts, law, policy).
Hearing script and exhibit pagination.
Post‑decision shepherding (if remitted).

Frequently asked questions

Do appeals pause removal?

In many cases, yes (maintaining status on a bridging visa), but check your specific grant and conditions.

Can I add new evidence?

Often yes—that’s the point of merits review. We build a structured upgrade, not a document dump.

How long will it take?

Timeframes vary by stream, complexity and whether the matter is expedited (e.g., some character cases). We’ll set realistic expectations at intake.

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