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How much will an ART (formerly AAT) review cost and how long will it take? (Updated on: 9 December 2024) australian resident visaAdministrative Appeals TribunalAdministrative Review TribunalVisa refusal AAT

How much will an ART (formerly AAT) review cost and how long will it take? (Updated on: 9 December 2024)

If you disagree with a visa refusal decision, you may be able to apply for a “merits review” application to Migration and Refugee (M&R) Division of the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) in October 2024. The ART are not bound by the refusal decision made by the Department and will reconsider each case on…
Brittney McCann
9 December, 2024
What can I do if the Federal Circuit and Family Court of Australia has dismissed my judicial review application for non-appearance? australian resident visaJudicial ReviewVisa refusal AAT

What can I do if the Federal Circuit and Family Court of Australia has dismissed my judicial review application for non-appearance?

Most applications for judicial review of migration decisions – other than those made in relation to ‘character-related’ cancellations and refusals - are decided by Division 2 of the Federal Circuit and Family Court of Australia (Circuit Court). Importantly, the Circuit Court’s Rules allow the Court to dismiss a judicial review application immediately and without notice if an applicant fails to…
Joel McComber
14 February, 2024
Putting cases in the ‘deep freeze’: Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 209 australian resident visaJudicial ReviewVisa refusal AAT

Putting cases in the ‘deep freeze’: Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 209

The Administrative Appeals Tribunal (AAT) can and should adjourn applications where the outcome is dependent on some related process being undertaken in accordance with the Migration Act. Brief summary In this case, a family of secondary applicants for a permanent visa applied to the AAT for review of a refusal decision after the primary applicant’s application was automatically refused under…
Joel McComber
6 February, 2024
Judicial Review of Visa/Nomination Refusal Decisions made by the Administrative Appeals Tribunal reviewJudicial ReviewVisa refusal AAT

Judicial Review of Visa/Nomination Refusal Decisions made by the Administrative Appeals Tribunal

Note, this post does not relate to decisions made by the Administrative Appeals Tribunal or Minister for Immigration relating to the cancellation or refusal of visas on ‘character grounds’ under s 501 of the Migration Act. If the Tribunal has affirmed a decision to cancel or refuse a visa on ‘character grounds’, or affirmed a decision not to revoke the…
Joel McComber
26 June, 2023
What to do when you’ve had an Australian visa refused? reviewVisa refusal AAT

What to do when you’ve had an Australian visa refused?

When a person has had a visa refused, there are several things they may need to consider, depending on their circumstances including: their immigration status (and ability to stay in Australia); their ability to apply for other Australian visas; and whether they can appeal the visa refusal decision. If you’ve had a visa refused or rejected, it’s important to understand…
Jordan Tew
21 November, 2022
How do I appeal a visa refusal? australian resident visaVisa refusal AAT

How do I appeal a visa refusal?

Having a visa refusal is a deeply upsetting, and often traumatic, experience particularly given the amount of effort, money and time spent on visa applications. Fortunately, some visa decisions have a right of appeal to the Migration and Refugee Division of the Administrative Appeals Tribunal (Tribunal) also known as the AAT. To appeal a visa refusal, it’s important to ensure…
Jordan Tew
20 May, 2022
Received a visa refusal? Here’s 6 tips on how to make the most of your appeal australian resident visaImmigrationVisa refusal AAT

Received a visa refusal? Here’s 6 tips on how to make the most of your appeal

Having an unexpected visa refusal is always upsetting and stressful. Fortunately, for some visa refusals, there is an appeal mechanism for a “merits review” of the visa refusal. This means that an independent entity will review your application from fresh, while still having access to all the documents/information you previously submitted. Generally, visa refusals are appealed to the Migration and…
Jordan Tew
17 April, 2020