Administrative Review Tribunal (ART) Appeal Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services in the Administrative Review Tribunal Include:

Appeal Visa Refusals

If your visa application is refused, we analyse the reasons, identify stronger arguments, and help gather evidence for your ART appeal to demonstrate why the decision should be overturned.

Appeal Visa Cancellations

Visa cancellation can have severe effects. We review cancellation grounds, advise on appeal rights, and build a strong defense to challenge the decision. Our goal is to help you retain your visa in Australia.

Complex Matters

ART appeals often involve complex facts and character issues. We have experience in navigating these challenges, developing strategies, and presenting persuasive cases to achieve favourable outcomes.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing a successful appeal in the Administrative Review Tribunal.

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When Should I Lodge an ART Appeal?

Understanding when to file an ART appeal can be challenging without expert help. You should file an ART appeal if:

You received a negative visa or immigration decision.
You think there was an error or lack of consideration in the original decision.

Moya Migration Law can evaluate your case, check its strengths, and advise you on the best next steps. We suggest acting quickly since most ART applications have strict deadlines.

Why Choose Moya Migration Law for Your ART Appeal?

Choosing the right legal partner is crucial for an ART visa appeal. Moya Migration Law provides expertise and a client-focused approach to navigate your ART appeal effectively.

Decades of Experience with ART Visa Appeals

Principal Lawyer Daniel Moya has 20 years of experience in migration law, representing clients before the ART. Our knowledge of the tribunal process enables us to present strong appeals for visa refusals.

A Client-Focused Approach to Your ART Case

We prioritise clear communication and understand your situation while providing support throughout your ART appeal. Our goal is to keep you informed and confident every step of the way.

Effective & Proven Strategies Tailored to Your Situation

We prepare each case with tailored legal strategies, focusing on strong reasoning and effective presentation to maximize your success—whether it’s a complex issue or a protection visa.

Adelaide-Based, National Reach.

Based in Adelaide, we serve clients across Australia. No matter where you’re located, our team is equipped to assist with your ART appeal, ensuring distance is never a barrier to quality legal support.

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Our 5-Step ART Appeal Process for Your Successful Visa Appeal

At Moya Migration Law, we have a structured ART appeal process to maximise your chances of success. We understand the stress of visa refusals or cancellations, and our immigration lawyers provide clear guidance and strong legal representation throughout your appeal.

1

Initial Consultation & Case Review

We review your visa refusal or cancellation and discuss your situation. This helps us understand your case and outline a potential strategy.

2

Strategic Application Lodgement

ART appeal time limits are strict. We ensure your application is timely and complete, maximising your chances of having your case heard.

3

Thorough Case Preparation & Submissions

We prepare your case by gathering evidence, drafting legal submissions for the refusal/cancellation, and, if needed, preparing witness statements for your appeal.

4

Skilled Representation at Your Tribunal Hearing

At the hearing, we present your case confidently, guide you through questions, make legal arguments based on evidence, and respond to issues raised.

5

Post-Decision Guidance & Next Steps

After the decision, we explain the outcome and its impact on your visa status, and advise on next steps, including any further review options.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Dedicated Migration Lawyer

Principal Lawyer Daniel Moya brings over 20 years of experience in migration law, with a strong focus on complex ART appeals for visa refusals and cancellations. He provides clear, strategic legal advice and can assist clients in both English and Spanish.

Daniel personally manages each ART appeal—from the initial consultation and DHA decision review to representation at the tribunal hearing—ensuring your case receives expert, hands-on attention at every stage. His commitment to personalised service and strong advocacy is at the heart of Moya Migration Law.

Frequently Asked Questions about Administrative Review Tribunal Appeals

What is the Administrative Review Tribunal?

The ART is an independent body that conducts merits reviews of administrative decisions made by Australian Government ministers, departments, and agencies, including visa decisions made by the DHA. This tribunal provides a fresh look at the facts, law, and policy relating to the original decision on your visa application. The ART plays a crucial role in the review of administrative decisions made under commonwealth law.

Can I appeal any visa refusal or cancellation to the Administrative Review Tribunal?

Not all decisions made by the DHA are reviewable by the ART; your decision letter will state if you can appeal the decision to the ART and if you are eligible for a review. For example, certain decisions made personally by the Minister for Immigration may not be reviewed by the ART. It is important to check your letter from the department carefully to understand your review rights.

How long do I have to lodge an Administrative Review Tribunal appeal for my visa?

There are strict time limits for lodging an ART appeal for your visa, which will be clearly specified in your decision letter from the DHA. Generally, for many visa-related decisions, this period is 21 days, but this can vary, so it is crucial to act promptly as the ART cannot extend these time limits for an application for review. Missing these deadlines means you may lose your chance to have the visa refusal decision reviewed by the tribunal.

What happens after I lodge an Administrative Review Tribunal appeal?

After lodging an ART appeal, if you are in Australia and hold a bridging visa, it will generally be extended, allowing you to remain lawfully in Australia while the ART processes your migration review. The ART will then review your case, may request further information or supporting documents, and will eventually schedule an ART hearing or, if possible, make a decision ‘on the papers’. This ART appeal process is a key step in challenging a visa decision.

Can I submit new evidence to the Administrative Review Tribunal for my appeal?

Yes, you can submit new evidence to the ART for your appeal, as the tribunal conducts a ‘fresh’ merits review of administrative decisions. This means the ART can consider new information and documentation that addresses the reasons for the visa refusal or visa cancellation, even if it was not provided in your original visa application to the DHA. Presenting new evidence can be vital for a successful appeal.

Do I need an immigration lawyer for my Administrative Review Tribunal appeal?

While you can represent yourself, the ART appeal process is complex, and immigration law has many technicalities that can be challenging to navigate alone. Engaging an experienced immigration lawyer or ART appeal lawyers can help you understand these complexities, ensure your submissions for the migration review are based on sound legal arguments, prepare you thoroughly for the ART hearing, and significantly increase your prospects of a successful outcome for your visa decision. Seeking legal advice is often beneficial when you appeal to the ART.

What are the possible outcomes of an Administrative Review Tribunal appeal decision?

The ART can make several decisions on your visa appeal: it can ‘affirm’ the Department’s decision, meaning the original visa refusal or cancellation stands. Alternatively, the ART can ‘vary’ the decision, ‘set aside’ the decision and substitute a new decision (for example, decide the visa should be granted), or ‘remit’ the matter to the DHA for reconsideration with specific directions. Understanding these potential ART decision outcomes is important for applicants.

How long does the Administrative Review Tribunal appeal process take for a visa decision?

The processing time for an ART appeal concerning a visa decision can vary significantly depending on factors such as the type of visa, the intricacy of the case, and the ART’s current workload. The ART publishes average processing times on its website, which can range from several months to over a year or even longer for certain visa categories, including refugee cases. It is advisable to check the ART’s website for the most current information on the ART appeal process timelines.

What happens at an Administrative Review Tribunal hearing for an immigration appeal?

An ART hearing provides an opportunity for you to present your case in person to the tribunal, give evidence, explain why you disagree with the DHA’s visa decision, and answer questions from the Tribunal Member. You may have an interpreter if needed and can be represented by an immigration lawyer who can provide legal representation and legal advice. The ART hearing allows the review tribunal to gather all necessary information to make an informed decision on your ART appeal.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.