Review
After an adverse decision, the first questions are whether review is available, who can apply and the deadline. I read the decision alongside your current visa position to identify urgent steps. If the matter is reviewable by the ART, we then work through the reasons and evidence needed.
The Administrative Review Tribunal replaced the AAT in October 2024. It is an administrative review body, rather than a court. Merits review involves reconsidering facts, evidence and the law within its jurisdiction to reach the correct or preferable decision. Depending on its powers, the ART may affirm, vary, set aside and substitute a decision, or return the matter to the Department with directions.
Review rights depend on the decision and the legal criteria. Some offshore decisions have review rights exercised by an Australian sponsor or nominator. Read the notice carefully to establish whether review is available, who has standing and the deadline for a valid application.
There is no single deadline for every migration decision. Periods such as 21 days, 70 days or a small number of working days may apply depending on the decision, applicant and notification rules. Send the complete notice and covering email, with the receipt details, so the correct deadline can be checked. The ART cannot extend many migration application deadlines.
The indicative fee is A$3,727 for the relevant migration review category. Confirm the category and current amount at lodgement; financial hardship reductions and partial refunds may be available under the rules. Applying to the ART does not itself create or extend every bridging visa. Check lawful stay, work and travel rights against the actual visa held.
Prioritise a valid application within time and compliance with the fee requirements. Evidence and submissions can then be prepared within the Tribunal's procedures and deadlines. Keep track of every request so the opportunity to provide information is not missed.
The Department supplies relevant records under the review procedure. I compare them with the decision to understand how the evidence was assessed and what issues need an answer.
We identify evidence that addresses each reason in the decision. This may include updated statements, new records or expert reports. The submission explains the relevant requirements, how they apply to your circumstances and where the supporting evidence can be found.
First check whether the matter will be decided in writing or with a hearing. If a hearing is held, it may be online or in person, with interpreting arrangements as required. We review the material and issues so you can answer from your own knowledge, rather than memorising a script.
I explain the written outcome and what follows, including any return to the Department for further consideration. Where an adverse outcome raises a possible legal error, I can refer you to a lawyer for judicial review advice. Many migration court applications have a 35-day deadline, but the jurisdiction and calculation need immediate checking. Ministerial intervention is a separate, limited discretion, not an automatic further appeal.
A new application may be appropriate if the problem can be addressed and you can validly apply. However, an onshore refusal can restrict further applications. We need to assess the refusal, current visa and remaining options promptly, while preserving any available review rights within time.
The ART can consider new evidence within the applicable legal framework. Useful additional material addresses the criteria and the reasons for the decision. Some requirements relate to a particular past date, so a later document or change does not necessarily cure every problem.
Book a consultation to discuss the requirements that may apply to you, any concerns about your case and what needs to be prepared. You are welcome to speak in Vietnamese or English.
Next step
A 30-minute consultation gives us time to discuss your circumstances, consider initial options and identify the documents that need checking. Some matters require a further review of the records before I can give a complete assessment.
