Appeals (MRT/ART)

The Transition: AAT to ART

The Australian immigration system has undergone a transformative change with the replacement of the Administrative Appeals Tribunal (AAT) by the Administrative Review Tribunal (ART) on October 14, 2024. This transition is designed to streamline the visa appeal process and address longstanding migration backlogs. Supported by significant funding in the 2024/25 Federal Budget, the ART aims to enhance the efficiency, accessibility, and fairness of the immigration review system.

• If you lodged your appeal with the AAT on or before October 13, 2024, your case will automatically transfer to the ART. No action is required, and your appeal will continue seamlessly.
• For new visa refusals, you must lodge your appeal directly with the ART. Time limits specified in your refusal letter remain crucial, as delays can render your appeal invalid.

Federal Budget 2024/25: ART Funding and Backlog Reduction

The Federal Budget allocates $1 billion over five years to support the establishment and operation of the ART while tackling migration-related court backlogs. Key components include:

• $854.3 Million for Flexible Funding Models: Enables the ART to implement a demand-driven funding model, ensuring the finalization of 100% of case lodgements annually. Supports regional accessibility and initiatives such as the First Nations Liaison Officer programs to improve user experience and inclusivity.
• $75.1 Million for Transition Support: Ensures a smooth transition from the AAT to the ART, minimizing disruptions for applicants and government agencies.
• $2.4 Million for the Immigration Assessment Authority (IAA): Supports the IAA in continuing fast-track reviews of protection visa applications under the Migration Act 1958 until the ART is fully operational.
• $115.6 Million for Court Backlog Reduction: Funds the establishment of dedicated migration hubs to expedite judicial reviews of migration and protection matters in federal courts.

Why the ART Matters

The ART is set to revolutionize the migration review process with several key benefits:

• Faster Case Resolution: A demand-driven model ensures timely outcomes for all applicants.
• Improved Accessibility: Regional and First Nations programs make the tribunal more inclusive.
• Reduced Judicial Backlogs: Dedicated hubs speed up migration-related court reviews.

These reforms reflect the government’s commitment to improving the immigration review system, reinforcing integrity, and enhancing outcomes for visa applicants.

What to Do After a Visa Refusal

Existing AAT Appeals

If your case was lodged with the AAT on or before October 13, 2024, it will automatically transition to the ART. No further action is required.

New Appeals

If you recently received a visa refusal:

1. Check Your Refusal Letter: Verify if you have rights to a merits review and review the specified time limits to lodge your appeal.
2. Submit Your Appeal to the ART: File your appeal on the ART’s official website promptly. Delays can jeopardize your application’s validity.
3. Apply for a Bridging Visa: Once your appeal is lodged, you may receive a bridging visa to remain in Australia legally while awaiting the ART’s decision. Note: Applying for judicial review after an unfavorable ART decision does not extend your bridging visa. Ensure you lodge a bridging visa application before your current visa expires.

How Bansal Immigration Can Assist

Navigating visa appeals can be complex, especially during this transitional phase. At Bansal Immigration, we are here to help:

• Expert Guidance: Understand your appeal rights and options.
• Appeal Preparation: Ensure timely and accurate lodging of appeals.
• Bridging Visa Applications: Manage your immigration status while your appeal is processed.

Our team is committed to helping you achieve a favorable outcome in Australia’s evolving immigration system.

Migration Review Tribunal (MRT): A Complete Guide to Visa Appeals

Navigating Australia’s immigration system can be complex, and visa refusals or cancellations can be a challenging experience. However, the Migration Review Tribunal (MRT) offers a pathway to challenge such decisions. This guide merges all the critical information to help you understand the MRT’s role, the appeals process, and how to maximize your chances of success.

What is the MRT?

The MRT is an independent administrative body that reviews decisions made by the Department of Home Affairs (DHA) regarding visa refusals, cancellations, and other migration-related matters.

Key Benefits of MRT Review

• Independent Review: The MRT reassesses decisions impartially, ensuring fairness.
• Opportunity to Provide Additional Evidence: Applicants can present new information not considered during the initial DHA decision.
• Transparent Process: The MRT hearing allows applicants to explain their case in person.

Professional Guidance for MRT Appeals

At Bansal Immigration, we provide:

• Case Assessment: Analyzing your case’s strengths and weaknesses to determine the best course of action.
• Document Preparation: Assisting with the collection and presentation of all necessary documents.
• Legal Representation: Offering expert representation during hearings to present your case effectively.
• Tailored Strategies: Developing a comprehensive plan to maximize your chances of success.