Appeals

Merits and Judicial Review

Whether you are facing a visa refusal, cancellation, or any other adverse migration decision, we are dedicated to advocating for your rights and pursuing every available avenue for a positive resolution.

Navigating the Administrative Review Tribunal (ART)

The ART provides an avenue for individuals to seek an independent review of migration decisions made by the Department of Home Affairs. We specialise in presenting compelling cases before the ART, ensuring that all relevant evidence and legal arguments are considered to secure a fair and just outcome.

Appeals

Federal Court Appeals

 

When necessary, our team is prepared to take your case to the Federal Courts of Australia. We handle the complexities of federal appeals, including preparing legal submissions, presenting oral arguments, and navigating the judicial process to seek a favorable decision.

Whether you are seeking a review at the Administrative Review Tribunal (ART) or considering an appeal to the Federal Courts of Australia, we are here to guide you through every step of the process.

Contact us today for a confidential consultation. Let One Planet Migration Law be your trusted partner in navigating the review and appeals process.

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“One Planet Migration Law brings professionalism and attention to detail that’s crucial in migration law. They understand urgency and provide clear, actionable advice to move forward with confidence.”
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Costa Group
“Our company has relied on Tina’s expertise in immigration law for many years, across different firms and now with One Planet Migration Law. We value the team’s attention to detail and ability to work with people from all walks of life, which is why we continue to trust them with our immigration matters.”
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Business Owner
“We rely on One Planet for complex immigration and sponsorship matters. They are thorough, knowledgeable, and cover every scenario to ensure positive outcomes. Always professional, always approachable.”
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Principal Consultant
“Faced with a unique sponsorship challenge, One Planet Migration Law guided us to a successful outcome. Their grasp of both immigration law and business realities was remarkable—clear, proactive, and client-focused.”
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Director, Cisco
“The team’s knowledge, empathy, and clarity turned what could have been a stressful immigration process into a smooth, efficient experience. Highly recommended for all employer sponsorship needs.”
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Digital Trust Specialist
“One Planet Migration Law made securing skilled visas for our employees seamless. Their professionalism and deep knowledge not only supported our staff but also enabled our business to grow by bringing in the talent we needed. Highly recommended for any employer navigating migration with confidence.”
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    Explore More on Visa Appeals

    People Also Ask About Visa Appeals

    In most cases, you can apply for a merits review at the Administrative Review Tribunal (ART). Strict time limits apply, usually 21 days for onshore applicants or 28 days for offshore applicants from the date of the refusal.

    The ART application fee is approximately $3,374 for migration matters. A reduced fee may be available in some circumstances. This fee is separate from any legal representation costs.

    Tribunal processing times vary widely. Simple matters may be resolved in 6 to 12 months, while complex cases can take 12 to 24 months or longer depending on the caseload and type of appeal.

    If you had a valid visa when the refusal decision was made and lodge your appeal within time, you will generally be granted a Bridging Visa that allows you to remain in Australia until the review is finalised.

    You will attend a hearing (in person, by phone, or video) where a tribunal member reviews the decision. You can present new evidence and make oral submissions. Legal representation is not required but is strongly recommended.

    Yes. Visa cancellation decisions can generally be reviewed by the ART. The grounds of review depend on the specific cancellation power used and the circumstances of your case.

    If the tribunal upholds the refusal, you may be able to seek judicial review in the Federal Circuit Court. Judicial review examines whether the decision was legally correct, not whether it was the right decision on the merits.

    If all other avenues are exhausted, you can request the Minister for Immigration personally intervene in your case on compassionate or public interest grounds. This is a discretionary power with no guarantee of success.

    While not legally required, having experienced legal representation significantly improves your chances. Immigration law is complex and presenting your case effectively at tribunal can make the difference between success and failure.

    Yes. The tribunal conducts a fresh review of the decision and you can submit new evidence that was not available when the original decision was made. This is often a key advantage of the review process.

    Need help with visa appeals? Our migration lawyers are here to guide you.

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