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ART – Administrative Reviews Tribunal

Visa refusal 

If your visa application is refused by the Department of Home Affairs,

you have the right to appeal the decision to the Administrative Reviews Tribunal (ART).

Here’s how the process generally works: 

1. Understand the Refusal

2. Check Your Eligibility to Appeal

3. Lodge Your Appeal

4. Prepare Your Case

5. Attend a Hearing

6. Await the Decision

7. Receive the Outcome

  • 1. Understand the Refusal :
    We review the refusal letter you received from the Department of Home Affairs.
    This letter will detail the reasons for the refusal and any specific criteria or regulations that were not met. 

     

  • 2. Check Your Eligibility to Appeal :
    We review whether you are eligible to appeal the decision.
    Typically, you must be directly affected by the refusal, and the appeal must be lodged
    within a specified timeframe, usually within 21 days of receiving the refusal decision. 

     

  • 3. Lodge Your Appeal :
    To start the appeal process, we will complete and submit an application to the AAT.  

     

  • 4. Prepare Your Case :
    Gather all relevant documents, evidence, and any additional information that supports your case.
    This might include new evidence or clarification of points that were raised during the original visa application. 

     

  • 5. Attend a Hearing :
    Once your appeal is lodged, the ART may schedule a hearing.
    You may be required to attend this hearing to present your case in person.
    During the hearing, you will have the opportunity to explain why the decision should be overturned
    and respond to any questions from the tribunal member. 

     

  • 6. Await the Decision :
    After the hearing, the ART will make a decision. This can take several weeks or months,
    depending on the complexity of the case. The ART can either affirm the original decision,
    set it aside, or remit it to the Department of Home Affairs with directions for reconsideration. 

     

  • 7. Receive the Outcome :
    The ART will notify you of its decision in writing. If the decision is in your favour,
    the Department of Home Affairs will be instructed to grant the visa.  

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