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Visa Appeal: Understanding the Transition from AAT to ART

The Administrative Review Tribunal (ART) has officially replaced the Administrative Appeals Tribunal (AAT) as of October 14, 2024. This significant change aims to streamline the independent merits review process, making it more efficient and accessible for individuals navigating Australia’s migration system.

Transitioning Your Appeal

If you had a visa refusal and submitted your application for review with the AAT on or before October 13, 2024, there's no need for any action on your part. Your case will automatically transfer to the new Tribunal, and your appeal will continue at the ART until a decision is reached. Should the decision be unfavorable, you may have the option to appeal the ART’s decision in court through judicial review.

It’s crucial to note that applying for judicial review does not automatically extend your bridging visa. Therefore, ensure you lodge a bridging visa application before your current visa expires.

What If You Just Received a Visa Refusal?

Receiving a visa refusal can be disheartening, and it’s understandable to feel confused about your next steps. Depending on your circumstances, you may have the right to appeal the decision. Your visa refusal letter typically outlines whether you have merits review rights.

To appeal a decision by the Department of Home Affairs, visit the Administrative Review Tribunal (ART) website to submit your application. Be mindful of the time limits specified in your refusal letter, as delays can jeopardize your application’s validity. Timeliness is critical when appealing decisions.

Once you’ve lodged your appeal with the ART, you will generally receive a bridging visa, allowing you to remain in Australia while awaiting a decision.

Book an Appointment

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Do You Need Help Appealing an Australian Visa Refusal?

If you have had a Student Visa refusal, a Partner Visa refusal, a Training Visa refusal, or any other visa refusal and need assistance to appeal your visa refusal, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Sources:

https://www.art.gov.au/

https://www.homeaffairs.gov.au/

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Thursday, 24 October 2024

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