Review Applications
If your application has been refused by the department or your visa has been cancelled, you may have a right to request a review of the decision by the tribunal.
Review applications and tribunal gearings can be challanging. We have successfully assisted many clients over the years with their review appplications.
Four Easy Steps for Successful Review
01.
Assessment
A through assessment for the reason for refusal and also all other evidence submitted has to be undertaken.
02.
Legal Analysis
After the reasons of the refusal/cancellation have been analysed, the next step is to analyse the law and the legal requirements.
03.
Presentation of the Legal Argument
Having analysed the law and the reasons for the refusal, the nest step is to present the legal argument to the tribunal.
04.
Attend Hearing
While some review applicationss are decided on paper, some may go for a hearing. It is important to be well prepared for the hearing.
How can we help you
— 01
Assessment
We would review your decision reord and ascertain the reason for refusal and identifys any error of law. We cwould also lodge the review appplication with the tribunal.
— 02
Review your Case File
We would apply to the ART to get your complete case file and review the same. We would identify the reasons for refusal and the relavant legislation.
— 03
Prepare for and attend the Hearing
We would also assist you with the preparation for the hearing and attend the hearing. Before the hearing we would prepare and submit a detailed submission addressing all the apects of the application to the tribunal thereby increasing chances of success.
If your visa application has been refused/your visa has been cancelled in Australia under certain conditions you may have a right to appeal the decision. Such appeals are lodged with the Administrative Review Tribunal(ART).
The Administrative Review Tribunal (ART) conducts independent merits review of administrative decisions made under Commonwealth laws. The ART reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. The ART also reviews decisions made under Norfolk Island laws.
The ART reviews a decision “on the merits”. This means that the ART takes a fresh look at the facts, law and policy relating to the decision and arrive at our own decision. The ART must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
The ART has the power to:
- affirm a decision
- vary a decision
- set aside a decision and substitute a new decision, or
- remit a decision to the decision-maker for reconsideration.