When do you need to apply:
If you have been unfortunate to have a visa refused (when you are onshore), you can look to appeal the decision. You will usually have have 21 or 28 days from date of refusal to apply to the Administrative Review Tribunal (ART). So be sure to apply before this date.
Please note, the ART is currently very slow. Different visas have different processing times, however many visas can expect to wait at least 1 – 2 years for the matter to be heard. Whilst the visa is processing you will remain on the same bridging visa and bridging visa conditions you held when the visa was refused.
If you are on a student visa and you want the visa to be approved, you must continue to study throughout this period. So if your course finishes before this date, you should enroll in another complementary course.
Appeal process
Should you decide that you would like to challenge the case officers decision, you would lodge an appeal with the Administrative Review Tribunal (ART) online.
After an application for review is lodged, you will receive an acknowledgement letter and will be requested files and documents relating to the decision under review from the Department of Immigration and Border Protection.
Several months later, your case will then be assigned to a member from the ART who will review your circumstances for refusal. You will then receive notification of the date of your hearing. The hearing is an opportunity for you to give evidence and present arguments relating to the issues arising in relation to the decision under review. As part of the AAT process we are able to submit additional information and further our argument in a submission prior to your hearing to support your case.
Different visas require different supporting documentation to be provided. If, for example, your student visa was refused, we would look to re-do the Genuine Student Statement and provide new additional documentation addressing the reason for refusal and to demonstrate you meet the requirement.
The AAT hearing can have two outcomes:
· The Member can affirm the decision under review which means that the decision will not be changed. The effect of this is that the decision remains in force.
· If the member sets aside the decision under review it means the member has decided to change the decision. The member may replace (substitute) the decision with a
new decision.
· If the member sets aside the original case officers decision, they will then remit the decision to The Department of Immigration and Border Protection to be reconsidered.
Costs of Appeal
The cost for lodging an AAT application is $3496. This is due when we lodge the application for review and is paid directly to the ART. You will be refund 50% of the full application fee if you receive a favorable decision.
Your current immigration status in Australia
Should you apply for ART your bridging visa should be automatically extended. Your bridging visa should take over the same conditions (work rights) as your current bridging visa.
What are the steps:
1. Apply for AAT online
2. Pay and receive a receipt
3. Wait for your AAT hearing
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I hope you find this information helpful, if you have any questions, feel free to touch base with Pathway to Aus
Please note, Pathway to Aus has skilled and experienced migration agents capable of representing you, regardless what visa you had refused. Feel free to contact us if you need assistance.
