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Expert Assistance for Merits Review Visas:

Your Path to a Successful Application

Administrative Review Tribunal (ART) for Visa Refusals

If your visa application has been refused or canceled, you may have the right to request a merits review through the Administrative Review Tribunal (ART). The ART provides an independent review of visa and citizenship decisions made by the Department of Home Affairs. This process allows applicants to challenge the decision and provide additional evidence to support their case. Here is a detailed guide on applying for a merits review at the ART.

 

What is Merits Review?

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A merits review is a process where the ART reviews the decision made by the Department of Home Affairs about your visa or citizenship application. The ART reassesses the facts and circumstances of the case to determine if the original decision was correct. During the merits review, you may provide additional evidence or new information that was not considered during the initial decision-making process.

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Some of the key benefits of a merits review include:
 

  1. An independent assessment of your case.

  2. The ability to present additional evidence to strengthen your application.

  3. A chance to have the decision overturned or modified if there are compelling reasons.

Who Can Apply for Merits Review?

You may apply for a merits review if your visa application has been refused or your visa has been canceled by the Department of Home Affairs. The ART reviews most visa decisions, including student visas, partner visas, employer-sponsored visas, and other temporary or permanent visa categories.
 

However, not all visa refusals are eligible for merits review. Your refusal or cancellation notice from the Department of Home Affairs will outline whether you can apply for a review and the specific timeframe for doing so.

How to Apply for Merits Review at the ART

  1. Review Your Refusal Letter: If your visa is refused or canceled, the Department of Home Affairs will provide a refusal letter that details your right to a merits review. Typically, you will have 28 days to apply for the review, depending on the type of visa.
     

  2. Submit Your Application: You can apply for a merits review by submitting an application to the ART. The application can be completed online or by filling out the required forms and submitting them by mail. Be sure to include all relevant documents, including any new evidence that you want the ART to consider.
     

  3. Pay the Application Fee: An application fee must be paid when lodging your merits review request. A reduced fee may be available for those experiencing financial hardship. Fee waivers or reductions can be requested under certain circumstances.
     

  4. Prepare Your Case: Once your application has been submitted, you can gather additional evidence, correct errors, and provide new documents to strengthen your case. The ART will review all materials and may invite you to attend a hearing to present your case.
     

ART Hearings and Decision-Making

After submitting your application, you will likely be invited to a hearing where you can present your case. The hearing is an opportunity to explain why you believe the original visa refusal or cancellation was incorrect. You can also address any new evidence that supports your claim.

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  1. Hearing Format: The ART may hold the hearing in person, over the phone, or via video conference, depending on your location and preferences.
     

  2. Representation: While you can represent yourself at the ART, many applicants choose to seek assistance from a migration agent or lawyer to help with the process.
     

Decision: After reviewing your case, the ART can either uphold, change, or overturn the original decision. They may also refer your case back to the Department of Home Affairs for further consideration.

What to Expect During the Merits Review Process

The ART will review all the facts, laws, and policies related to your visa application, just as the Department of Home Affairs did during their initial assessment. However, the ART has the advantage of considering new information and evidence that may not have been available during the original decision-making process.

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The merits review process can take several months, depending on the complexity of your case and the current workload of the ART.

What Happens if My Merits Review is Unsuccessful?

If the ART upholds the original decision and your visa is still refused or canceled, you may have other options, including:
 

  1. Judicial Review: If you believe there was a legal error in the ART’s decision, you can apply for a judicial review through the Federal Court of Australia. This is only available if you believe the ART made a mistake in interpreting the law.
     

  2. Ministerial Intervention: In certain exceptional cases, you can request the Minister for Immigration to intervene and overturn the ART’s decision. This is typically done if your case has compelling or unique circumstances.
     

  3. Other Visa Options: If your merits review is unsuccessful, you may also explore other visa options, such as applying for a different visa (e.g., a visitor visa or student visa) depending on your eligibility.

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Importance of Merits Review in Visa Refusals:

Merits Review in Visa Refusals

The merits review process provides visa applicants with an essential opportunity to challenge an unfavorable decision. The Administrative Review Tribunal (ART) ensures that visa refusals are reconsidered fairly and impartially. By applying for a merits review, you have the chance to present additional evidence, clarify any misunderstandings, and potentially overturn the original decision.

Navigating the Australian immigration process can be challenging due to its complexity and frequent changes in laws and regulations. Engaging a migration lawyer or a registered migration agent can significantly enhance your chances of a successful application.
 

With Guney Migration Consultancy, clients benefit from expert guidance tailored to their unique situations. The firm is led by Ceren Guney, a migration lawyer, and Feriha Guney (MARN 0960690), a registered migration agent. They combine deep knowledge of Australian migration law with a client-first approach, ensuring that applicants make informed decisions throughout their migration journey.

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