The Administrative Review Tribunal (ART) (formerly known as the Administrative Appeals Tribunal or AAT) is an independent body with the authority to review administrative decisions made by Australian government entities, including migration decisions by the Department of Home Affairs (DOHA). The ART evaluates cases based on individual merits, thoroughly examining facts, laws, and policies while considering new information. It can uphold, modify, or render new decisions on the original ruling.
The ART follows a systematic review process that includes:
Application for Review:
The process starts when a person or organization files an application with the ART to reassess a decision. This application generally needs to be submitted within a designated period following the original decision.
Case Management and Hearings:
The ART typically examines the case through a mix of written submissions, hearings, and occasionally conferences or mediation. The tribunal is designed to be accessible, allowing parties to either represent themselves or engage legal counsel.
Decision Making:
The ART evaluates all pertinent facts, laws, and regulations in arriving at its decision. The tribunal has the power to uphold, modify, or overturn the original decision, or it may send the case back to the relevant government body for further consideration.
Decisions:
The ruling made by the tribunal is authoritative unless contested in a higher court (usually the Federal Court). This confers on the ART the power to issue final determinations on the matters before it, ensuring an independent review of the original decision.
The current ART application fee for appealing most of the migration decisions is $ 3,496.
While it is not mandatory to use a registered migration agent when appealing a migration decision at the AAT, their involvement can be highly beneficial for several reasons:
Expert Knowledge of Immigration Law: Migration law in Australia is complex and constantly evolving. Registered migration agents have specialized knowledge and training in immigration law, which enables them to identify issues that applicants may not be aware of and ensure that their case is presented in the strongest possible way.
Experience with the AAT Process: A registered migration agent is familiar with the procedures, rules, and practices of the AAT, which can improve the chances of a successful appeal. They know how to prepare an application, present evidence, and make persuasive arguments, all of which can be daunting for applicants without legal expertise.
Increased Likelihood of Success: By ensuring that all aspects of the appeal are well-prepared and properly presented, migration agents improve the likelihood that the AAT will make a favorable decision. Their expertise can help identify the best approach for the specific circumstances of the case.
Support and Peace of Mind: Navigating the immigration system and appealing a visa refusal or cancellation can be stressful. Registered migration agents provide clients with peace of mind by managing the complexities of the AAT process and providing ongoing support throughout the review.
If you are facing a difficult decision from the Department of Home Affairs that you disagree with, you don’t have to handle it alone. We are here to assist you in navigating the Administrative Review Tribunal (ART) process with expert advice, support, and guidance.
DISCLAIMER: The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.