Overview

When your Australian Visa or Nomination application has been refused or denied, you may have the option to apply for an Administrative Review Tribunal (ART) formerly know as Administrative Appeal Tribunal (AAT) merits review. This must be done within the specified timeframe if you think the Department of Home Affairs’ decision is incorrect and you can provide supporting documents to make your claims to an ART.

A merits review means your application will be reassessed by a different person. Your whole case is considered again, new evidence is allowed and changed circumstances may be taken into account.

How do I know if I can apply for an ART merits review for my visa or nomination refusal?

The fastest or easiest way to know is to check the Refusal Decision letter from the Department of Home Affairs. This will specify if your visa refusal decision can be reviewed or not. If it can, the letter will tell you the timeframe you have to apply.

Generally speaking, the timeframe will be between 2 – 70 days depending on which type of visa or nomination you have applied for.

How much do I need to pay for the ART merits review?

 

Fee Fee in concessional circumstances
Standard application fee (for decisions not specified elsewhere) $1,148 $100
Small business taxation decisions $616 $100
Taxation decisions where the amount of tax in dispute is less than $5,000 or where the Commissioner has refused a request for an extension of time to lodge an objection $114 $100
Migration decisions $3,580 50% (financial hardship)
Protection decisions (only payable if the review is not successful) $2,203 N/A
Child support decisions – first review No fee payable
Paid parental leave – first review No fee payable
NDIS decisions No fee payable
Social security decisions No fee payable
Veterans’ and workers’ compensation decisions No fee payable
Guidance and Appeals Panel – application to the President (excluding decisions for which a fee is not payable) $1,148 $100
Guidance and Appeals Panel – referral by the President No (additional) fee payable

What decisions might I receive from an ART merits review?

  • Affirm a decision (this means we agree with the original decision)
  • Vary (make an alteration to) a decision
  • Set aside (disagree with) a decision and substitute a new decision, or
  • Remit (send back) a decision to the decision maker for reconsideration.

How can I receive a refund from the ART?

Refund of fees – Migration Reviews

ART will refund:

  • The review fee you paid if we decide that the application is invalid
  • 50% of the full review fee if you paid the full fee and we decide you can pay the reduced fee.

If the review is decided in your favour, we will refund:

  • 50% of the reduced fee amount you paid; or
  • 50% of the full review fee if you paid the full fee.

If you withdraw the application for review a refund of the fee is only paid in very limited circumstances.

If you are entitled to get a refund of all or part of the review fee, a form will be given to you to provide bank account details for receiving the refund through electronic funds transfer (EFT).

Your refund can be paid to another person if you provide a signed request and the other person’s bank details (or their name and postal address if you would like us to send a cheque).

How can SOL Migration assist you with ART Visa review?

SOL Migration has a strong team of 5 experienced Registered Migration Agents. Our Registered Migration Agents will assess your eligibility and recommend which pathway is your best option for achieving Permanent Residence in Australia

Should I apply for an ART merits review?

The benefits of the ART merits review are it will allow your visa application or nomination application to be reviewed by a third party, and you will have the chance to provide additional documents and evidence to support your claims.

Contact SOL Migration today to evaluate your situation and check if an AAT merits review is a good option for you.

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