Visa Appeal
If your visa application has been refused, you may wish to take your case to the Administrative Review Tribunal (ART) to appeal the decision. This process can be daunting, without the assistance of an experienced and Registered Migration Agent. Get in touch with us to see how we can help you.
An ART appeal is a review of a decision made by a government body whereby an individual believes that an incorrect decision has been made and there are grounds for review. In Australia, when it comes to a visa application, the decision-making body is the Department of Home Affairs.
An appeal gives the applicant the opportunity to present arguments and information, such as supplying supporting documents or evidence, to the Tribunal to consider and review.
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Partner Visa Appeals: helping you fight for your relationship
If your Partner Visa application has been refused, you need to move quickly to lodge an appeal with the ART if you want any chance of the decision being overturned. At ADI Immigration, we understand how stressful this situation can be. Our experienced team specialises in partner visa appeals, and we’re here to guide you through the process with care and confidence. We take the time to understand your unique circumstances, review the reasons for refusal in detail, and develop a strong strategy to present your case effectively at the Tribunal.
We don’t just make sure everything meets legal requirements – we work with you to build a strong application. We work closely with you to gather additional evidence, prepare clear and persuasive submissions, and address any weaknesses in your original application. Our goal is to maximise your chances of having the refusal overturned so you can move forward with your life and plans in Australia.
We're here to help you appeal.
If your partner visa has been refused, it’s important to act quickly. There are strict time limits for lodging an appeal, and getting professional advice early can make all the difference.
Contact our team today to discuss your options and take the first step towards achieving the outcome you need.
Frequently asked questions
Here are some common questions about Partner Visa Appeals.
What is the Administrative Review Tribunal (ART)?
The ART is an independent merits review body of Australia that reviews administrative decisions made by state government bodies such as ministers, departments, and agencies provided that the relevant legislation permits such review. It consists of multiple divisions, one of which is the Migration & Refugee Division, which has jurisdiction to review decisions and hear matters relating to visa cancellations and refusals.
What is the difference between the ART and Court?
The ART reviews decisions by standing in the shoes of the original decision-maker. The ART has less formality than a court, and it makes its decision by assessing the matter and the evidence with ‘fresh eyes’. Courts, on the other hand, can review decisions (including those of the ART) on the basis of whether the law has been applied correctly.
Can ADI Immigration help me appeal all types of visa refusals?
ADI Immigration are specialists in Partner Visa applications and appeals. For all other visa types, we recommend seeking help from another migration lawyer.
What decisions can be made at the ART?
ART members can make the following decisions:
- Affirm a decision
- Vary a decision
- Set aside a decision
- Remit a decision
How much is the ART fee?
The current application fee at the time of writing for the Tribunal excluding applications for review of bridging visas is $3496. This may be different depending on the type of application. This fee must be paid upfront before the deadline.
What if my Partner Visa application is refused?
In most cases you can appeal a Partner Visa refusal to the ART. Appeals are time-sensitive, so it’s best to seek professional advice immediately if you are thinking of appealing the decision.