The Australian immigration system provides several pathways for individuals to seek a review of unfavourable decisions affecting their visa status. With the transition from the Administrative Appeals Tribunal (AAT) to the Administrative Review Tribunals (ART), understanding these options is crucial for anyone navigating the visa system.

Overview of Administrative Review Options

When faced with an unfavourable decision, individuals can pursue one or more of the following avenues:

1. Informal/Internal Review:
   This is often the first step when a decision appears to be unlawful. It involves contacting the primary decision-maker or their supervisor with clear evidence of legal error. This process is fast, free, and can resolve issues without requiring external intervention.

2. Merits Review by the ART:
   The ART’s Migration and Refugee Division reviews most adverse decisions under the Migration Act 1958. The process is conducted de novo, meaning the tribunal reconsiders the entire matter with the same authority as the original decision-maker, including reviewing new evidence.

   Key points about merits review include:

   • It is not bound by previous tribunal decisions.
   • The ART may affirm, vary, remit, or set aside decisions.
   • Applicants must adhere to strict timeframes for lodging review applications.

3. Judicial Review:
   Unlike merits review, judicial review focuses solely on errors of law, such as procedural fairness or jurisdictional overreach. It is conducted by higher courts like the Federal Court or High Court of Australia.

4. Ministerial Intervention:
   In exceptional circumstances, individuals may request the Minister for Immigration to substitute a more favourable decision. This discretionary process is reserved for cases involving compelling or compassionate factors.

Consequences of Visa Cancellation

Visa cancellations under the Migration Act 1958 have far-reaching implications:

• The visa ceases to be in effect immediately upon cancellation.
• Family members may face consequential cancellations.
• The individual may be barred from applying for certain visas for up to three years, unless exceptional circumstances apply.
• Cancellation can lead to removal from Australia.

The decision-making process must adhere to procedural requirements, though procedural errors do not invalidate the cancellation.

Key Practice Tips

1. Time is of the Essence:
   Be mindful of deadlines when lodging review applications or requests for ministerial intervention.

2. Provide Comprehensive Documentation:
   Whether seeking an informal review or applying for a merits review, ensure all relevant evidence is submitted upfront.

3. Understand the Scope of ART Powers:
   The ART reviews decisions based on the law at the time of application for certain criteria and at the time of decision for others. This dual framework can influence the outcome.

4. Consider Legal Assistance:
   Given the complexity of immigration law, professional guidance can ensure adherence to legal and procedural requirements, enhancing the likelihood of a favourable outcome.

Seeking Assistance

If you are dealing with visa cancellations, unfavourable decisions, or require guidance on seeking a review, Montgomery Legal Practice can provide expert legal advice tailored to your circumstances. Contact us today for assistance navigating the Administrative Review Tribunals or other review pathways.