Migration Appeals
If your visa application has been refused or if your visa has been cancelled you may be able to appeal this decision to the Administrative Review Tribunal (ART).
Act quickly, as you only have a limited time to make an appeal – usually only 21 days. Call us to make an appointment at our Adelaide immigration agency on (08) 8210 9800 or contact us now to find out when our Migration Agents will be available.
Migration Solutions has a very dedicated, proactive team of people who are trusted to provide review & appeal services by applicants who need extra support.
Migration Reviews & Appeals Services
We specialise in areas such as:
- Appeals
- Visa cancellations
- Reviewing decisions for jurisdictional error
- Assisting with an application for Ministerial Intervention
There are a number of options available to a visa applicant if their application is refused:
- Lodge an application to the Administrative Review Tribunal (ART)
- If the application is unsuccessful at the ART, that decision can be challenged at the Federal Court
- Or go directly to the Minister of Immigration requesting Ministerial Intervention
Administrative Review Tribunal (ART)
The ART conducts independent merits review of administrative decisions made under Commonwealth laws.
Decisions are made by a tribunal Member who will review the Department of Immigration’s decision and the facts of your situation.
The Administrative Review Tribunal (ART) reviews a decision “on the merits”. This means that they take a fresh look at the facts, law and policy relating to the decision and arrive at their own decision. The ART must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
Migration Solutions can assist with the lodgement of your application to the ART; can represent you with your case; prepare submissions on your behalf; prepare you for your Hearing and review your file for any secondary options and discuss with you the chances of success at appeal.
Appeals Process
We have many new clients who come to us for help when their visa has been refused because they trust our professionalism and know of our success in appealing decisions. It is a difficult and stressful time, so we like to share our approach to inform you of what’s ahead. Here are our steps:
- If your application has been refused or cancelled, we will assess your eligibility and probability of success. If success is likely, we will proceed to allocate your file to the appropriate Migration Agent and finalise your client engagement documents.
- We then lodge a request for access to your previous visa application documents under the Freedom of Information (FOI) Act. These documents are reviewed and provided to you, along with a very detailed submission that we design to make your case for Appeal.
- Your submission is lodged to the ART
- If a hearing is called, we meet with you to prepare. We can support you all the way to the hearing, after which, the ART will make their decision.
Help Migration Reviews & Appeals Links
Key migration agents
Vanessa De Pretis
Immigration Manager (Family/AAT)
Mark Glazbrook
Managing Director
Nam Hoang
Practice Manager / Immigration Manager
