What happens if I miss my ART hearing?

If you miss your ART hearing without a valid reason, your appeal may be dismissed. It is essential to notify the ART in advance if you are unable to attend.

Can an ART decision be appealed?

Yes, an ART decision can be appealed to the Federal Court, but only on a question of law. It is advisable to consult legal professionals before proceeding with further appeals.

ART Appeals | Appeal Your Visa With Confidence

Q: Can I represent myself?

Yes, you can represent yourself during ART appeals. However, seeking legal advice is recommended to improve your chances of success, as the process can be complex.

Transparent pricing

There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.

Deal direct with a lawyer

From the first same-day response to the conclusion of your case, you’ll have direct access to a lawyer.

Clear communication

Our experienced lawyers will give you regular updates and clear explanations of your appeal and review pathways.

Satisfaction guarantee

We offer a satisfaction guarantee in relation to your representation in appeal and review matters.

Payment options

We will discuss payment options available for your appeal or review.

What is the Administrative Appeals Tribunal?

The AAT is an independent merits review body of Australia that reviews administrative decisions made by state government bodies such as ministers, departments and agencies provided that the relevant legislation permits such review. It consists of multiple divisions, one of which is the Migration & Refugee Division which has jurisdiction to review decisions and hear matters relating to visa cancellations and refusals.

What is the difference between the ART and Court?

The ART reviews decisions by standing in the shoes of the original decision maker. The AAT has less formality than a court, and it makes its decision by assessing the matter and the evidence with ‘fresh eyes’. Courts, on the other hand, can review decisions (including those of the AAT) on the basis of whether the law has been applied correctly.

What is an AAT appeal?

An AAT appeal is a review of a decision made by a government body whereby an individual believes that an incorrect decision has been made and there are grounds for review. In Australia, when it comes to a visa application, the decision-making body is the Department of Home Affairs.

An appeal gives the applicant the opportunity to present arguments and information, such as supplying supporting documents or evidence, to the Tribunal to consider and review.

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Lodge an application with the AAT
Receive a confirmation letter from the AAT

All relevant files and documents relating to the decision under review will be provided by the Department of Home Affairs
Prepare for the hearing by planning out what you will say, having a copy of all the evidence and supporting documents in which you rely on and arriving early on the day

A tribunal member will be allocated
The AAT may request for further information from you
The AAT will send a letter inviting you to attend the hearing
Attend the hearing with witnesses and immigration lawyer

The member will hear and assess your matter before reaching a decision

Time limits

When it comes to time limits, it’s incredibly important to understand your circumstances. Any decision other than decisions made under section 501 and 501CA of the Migration Act require you to lodge an application for an appeal within 28 days following the notification of the decision.

Ensuring you lodge your application to the Administrative Appeals Tribunal and undergo the review process within your specified time period is where legal assistance is paramount.

What decisions can be made at the AAT?

AAT members can make the following decisions:

Affirm a decision
Vary a decision
Set aside a decision
Remit a decision

Benefits of using an immigration lawyer

The team at Australian Migration Lawyers have extensive experience with Australian migration law. We have experience with ART appeals and we do not shy away from cases of significant complexity. One of our primary objectives is to enhance access to justice, a commitment we fulfil by representing every individual who entrusts us with their visa cancellation or visa refusal.

Our team consists of Australian legal practitioners who leverage their grasp of Australian laws and legal precedents to provide assistance with the appeal process.
We advise you on other migration avenues and strategies available to you.
As legal professionals, we help to ensure that your application complies with all legal requirements.
We assist with preparing your application right through to the decision, including working with you to address any additional requests made by the AAT.

Costs associated with appeals

There are two main costs associated with AAT appeals:

1. Professional fees

Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We often work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their appeal. Depending on a client’s financial needs, we may offer payment plans to provide flexibility for our clients. Book a consultation with one of our qualified lawyers to get a quote.

2. ART fees

The current application fee for the Tribunal excluding applications for review of bridging visas is $3374. This fee must be paid upfront before the deadline. Payment can be made using EFTPOS, debit/credit card or cheque.

1. Consultation and engagement

Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.

2. Preparation and support

We will prepare written submissions in support of your visa appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.

3. Submission and communication

We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your appeal.

4. Representation and outcome

We will represent you in the AAT or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.

Book consultation

Processing times

The Member would ordinarily make a decision at the conclusion of the hearing or in writing at a later date. If an oral decision and reasons for the decision are made at the end of the hearing, a written copy will be sent to you if a request is made within 14 days after the oral decision was given. If an oral decision is not made, a written decision and its reasons will be sent to you and the Department at a later date.

Considerations

At Australian Migration Lawyers, our team of highly skilled legal practitioners is focused on Australian migration law. Despite our experience with migration law, we cannot guarantee the success of your AAT appeal.

The decision lies solely with the AAT who will reach a decision based on the evidence submitted. Our role is to help present your case as best as possible. With our in-depth understanding of the law, however, we will help to ensure that sufficient evidence is provided during the appeal process.

Can I represent myself?

An Applicant is permitted to represent themselves. We recommend that you seek assistance from a legal representative who can advise you on preparation for the hearing, the compilation of evidence, preparation of written submissions, and represent you at the AAT if necessary.

What happens if I miss my AAT hearing?

The AAT may dismiss your application or make a decision in your absence. Therefore, it is important that you attend the hearing to present your case and provide your version of events to avoid an adverse outcome.

Can an AAT decision be appealed?

An AAT decision may be appealed to the Federal Court within 35 days following the decision from the AAT and only on a question of law. AML can advise you in relation to the appeal process.

Partner - Principal Migration Lawyer

Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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The Administrative Appeals Tribunal (AAT)

Understand the process of an AAT Appeal

Claim your consultation

The Australian Migration Lawyers difference

Transparent pricing

Deal direct with a lawyer

Clear communication

Satisfaction guarantee

Payment options

What is the Administrative Appeals Tribunal?

What is the difference between the ART and Court?

What is an AAT appeal?

{visa type} visa checklist

Personal documents

Character documents

Evidence of relationship

Heading

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Applying for an appeal

Lodgement of application to the AAT

Review documents

Attend the hearing

Decision

Time limits

What decisions can be made at the AAT?

Benefits of using an immigration lawyer

Costs associated with appeals

1. Professional fees

2. ART fees

Visa appeal process

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and outcome

Processing times

Considerations

Frequently asked questions

Can I represent myself?

What happens if I miss my AAT hearing?

Can an AAT decision be appealed?

Meet your Australian Migration Lawyer

Perry Q Wood

Dr Cindy Zhao 趙青

Shereen El Ali

Madeleine Scanlon

Damian Dwyer

Nicholas Merlin

Oliver Thomas Christensen

Kate Colston

Cherlyn Teo (CPA)

Benjamin Magill

Simrat Roopra

Joshua Coulson

Ella Pullin

Andre Lim Lo Suy

Jessica Gillson

Natalija Stanojevic

Muhammad Iftikhar (Momo) Djojosugito

Ava-Michelle Closter

Micah Schembri

Taahira Rajudin

Nina Laskowski

Patrick Richards

Stephanie Angelidis

Alphonsus Chan

Yasmin Hicks

Scarlet Qin

Mariam Hassan

Evette Sheridan

Grace Weller

Miranda Bourke

Jenny Zhou

Crystal Johnston

Annalise Pope

Zhara Pope

Olivia Parrott

Sara Boskovic

Locations

Melbourne

Sydney