ART

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Project Introduction

Administrative Review Tribunal（ART）is Australia’s authoritative administrative review body, primarily responsible for re-examining the legality and fairness of administrative decisions. As part of its jurisdiction, ART has the authority to review visa refusal decisions made by the immigration department, to assess whether these decisions are reasonable and in compliance with relevant laws.

The ART handles not only visa refusal and cancellation cases, but also matters related to Australian citizenship, child support, family assistance, social security, taxation, and more. If your visa is refused or canceled, you can appeal to ART for a review, and if successful, you may have the opportunity to regain your visa.

The judges of ART possess strong backgrounds in administrative law and are dedicated to ensuring that every party involved in the legal process is treated fairly and justly. The review process is conducted with transparency, enhancing public oversight of administrative decisions while strengthening judicial independence. For international students, ART plays an essential role. After a visa application is refused, students have the right to appeal to ART within 28 days. During this process, they must submit a detailed appeal application and present their arguments and supporting evidence at a hearing. ART will conduct a thorough and impartial review of the case to ensure the legal rights of international students are fully protected.

Review Decision：

Immigration and visa cases

Social welfare cases

Taxation cases

Business registration and regulatory cases

Environmental protection cases

Australia ART Appeal Timeline

Visa Refusal

When a visa is refused, the applicant must submit an appeal to ART within the specified time frame, or they will need to begin preparing to depart. Typically, the preparation period for departure is 28 days. Therefore, the applicant must decide within 21 days whether to appeal or start preparing to leave.

Visa Cancellation

If a visa is cancelled due to violations of visa conditions, serious quality issues, or the provision of false information, the appeal period is usually short, typically between 5 to 7 days. Such situations often involve serious violations, so the time for appeal is very limited. It is important to act promptly.

The appeal deadline for different visa types or case situations will be specified in the “decision letter.” Be sure to carefully read the letter and pay attention to the relevant deadlines to take appropriate actions within the specified timeframe to protect your legal rights.

Australia ART Appeal Process and Processing Time

Stage 1: ART Application Stage

Applicants must submit the ART appeal application and pay the application fees within the specified appeal period. If the applicant is still legally residing in Australia at the time of the appeal, the immigration department will extend the bridging visa to ensure that the applicant can continue to stay legally during this period. During the processing, ART may request the applicant to provide additional information or answer related questions.

Stage 2: Preparation Before the ART Hearing

The AVL team will prepare the complete materials required for the appeal, combining the latest policies with the most compelling supporting documents, and working sincerely with a professional legal team. Through a thorough interpretation of laws and regulations, we will clearly explain the grounds for appeal and present strong arguments to overturn the immigration office’s previous refusal or visa cancellation decision, striving to secure a more favorable outcome for the applicant.

Stage 3: Attending the ART Hearing

Highly recommended to attend the hearing in person. If this is not possible, participation via video or phone is allowed. Please inform ART in advance if there will be legal representation and confirm whether an interpreter is needed. During the hearing, it is crucial to seize the opportunity to defend oneself. As the person most familiar with the case, your personal defense and supplementary statements at the critical moment may become the key factors influencing the case’s outcome.

The ART decision outcomes are mainly divided into the following types:

Affirm

The ART affirms the immigration authority’s refusal or visa cancellation decision as legal and correct, maintaining the original judgment.

Vary

The decision of the immigration authority is modified, which may involve adjustments to specific conditions or details.

Set Aside

The immigration authority’s decision is overturned, and a new judgment is made in accordance with immigration law, typically applied to visa cancellation cases.

Remit

The case is sent back to the immigration authority for reconsideration, requiring the visa officer to review the case based on the legal grounds provided by the ART, usually applicable to visa refusal cases.