Sponsorship Refusal

Understanding the review process

The rules for the review process, set out in the Migration Act 1958  and the Migration Regulations 1994, specify the types of decisions that the Administrative Review Tribunal (ART) can review. To determine if you qualify for a review by the ART or the Federal Circuit Court, our immigration lawyers will need to analyze the decision letter you received from the Department of Home Affairs. If you do not recognise the type of decision you want reviewed, please contact us for help.


What ART cannot review:

Under no circumstances ART can:

  • reconsider a visa cancellation decision made directly by the Minister for Home Affairs or Minister for Immigration
  • review a decision if you are not eligible to request a review.

How to apply

Applying for a review has strict time limits. Please consult immigration lawyers if you are not clear about the deadline.

You can download and fill out the M1  For persons not in immigration detention form and send it to ART. 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:

 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: The time limit to apply for a review depends on the type of decision and whether you are in immigration detention.
  •  Check the letter from the Department of Home Affairs to find out the specific time limit.
  •   Important: The time limit cannot be extended.

Our immigration lawyers have over a decade of experience in helping visa appeal applicants understand the appeal process and timeline at the Administrative Review. We have successfully represented our clients and have an outstanding record of success in visa appeals at ART and FCC.


Fees

The application fee for a review of most migration decisions is $3,496. If a person is in immigration detention then, the review of bridging visa decision will be free of cost, however, you may be required to pay lawyer’s fee. 

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.

Get in Touch with the Expert Visa Refusal Lawyer in the Sydney, Parramatta

If you want to be represented by the professional immigration lawyers for your case then contact us now.