Australian Citizenship Refusal or Cancellation
Understanding the review process
ART can review the following decisions made by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration to:
- Refusal to approve an individual’s Australian citizenship application
- Cancellation of an individual’s approved Australian citizenship application
- Refusal to approve an individual’s Australian citizenship application again
- Refusal to approve an individual’s renunciation of their Australian citizenship
- Refusal to provide an individual with a notice stating their Australian citizenship at a specific time
- Revocation of an individual’s Australian citizenship
If you have received a decision letter from the Department of Home Affairs, it will specify whether the decision can be reviewed and whether you are eligible to apply for a review. If you are unsure about the type of decision you wish to have reviewed, please reach out to us for assistance.
How to apply
Applying for a review has strict time limits. Please consult immigration lawyers if you are not clear about the deadline. We can help you lodge an application online or via Call or mail. To apply online, you will need a valid email address and information about the decision you want to be reviewed. Our lawyers will confirm if your documents are complete and all relevant information is provided to the court. Once the documents are submitted to the ART, you will receive an automatic confirmation. There are other ways too to apply for a review:
- Call ART on 1800 228 333
- Email: reviews@art.gov.au
- Send ART a letter
- Visit a Tribunal office.
Check contact details of ART to apply for review or send your application by post or email.
We recommend you to consult an immigration lawyer before filing a review appeal. Aussie Legal Partners has a team of the best immigration lawyers who have a vast experience of dealing with different kinds of visa refusals. If you want to apply for ART review, contact us immediately. Australia’s strict immigration policies necessitate complete and accurate visa applications, supported by all required documents. Consulting with a skilled migration lawyer can be crucial in filing review applications and appealing against visa refusals.
When to apply
- Time Limits for Applying for a Review: you must apply for review within 28 days after being notified from the Department of Home Affairs of the decision.
- Check the letter from the Department of Home Affairs to find out the specific time limit.
Extending the time to apply for review
If you want to extend the time to apply for review, you must ask ART in writing and include reasons why the application is late. To ensure extension, please consult with the best team of immigration lawyers in paramatta at Aussie Legal Partner. We will make sure that you have valid reasons to apply for extension.
Fees:
The standard review fee is $1,121. Contact us for a consultation to understand the costs involved in the appeal process. For example, you may need to pay a fee when filing your appeal, another fee when the appeal is scheduled for a hearing, or a magistrate’s fee if the hearing is unsuccessful.
Do I need a lawyer to appeal?
When dealing with a visa refusal, it’s important to seek legal advice from a qualified lawyer before starting an appeal. Court staff cannot provide legal advice, so it’s crucial to consult with a lawyer who can offer independent, expert legal guidance.
What can an immigration lawyer do for you?
Our immigration lawyers are trained to interpret the law and apply it to individual cases. They are knowledgeable about migration law, its practices, and procedures. They can help you determine if you have a valid legal issue for appeal, provide practical options available to you, and explain the costs involved in the appeal process.
Costs of appeal
Appeals can be costly. You will need to pay a filing fee when you file your notice of appeal, as well as a separate ‘setting down’ fee. If you lose the appeal, you may be required to pay the Minister’s legal costs. Even if you plan to handle the appeal on your own, it’s important to seek legal advice on whether you have valid grounds for appeal.
Chance of Success
An appeal will only be successful if the Judge has not applied the law correctly. This means you must convince the appeal court of how the law should have been interpreted. It’s important to develop a strong legal argument, which may be technical and complex, and present it effectively in your notice of appeal.
Drafting the Notice of Appeal
Drafting a notice of appeal can be complex as it requires legal knowledge. Therefore, it’s highly recommended that you seek legal assistance to prepare your notice of appeal.