How Courts Review A.R.T. Decisions

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (Div. 2)

If your visa application has been refused by the ART (Administrative Review Tribunal), you have a right to appeal to the Federal Circuit and Family Court of Australia (Division 2) .

Importantly, it is the Court’s job to consider whether the ART made important legal errors known as jurisdictional errors. If it finds such an errors, it will send the application back to the ART to be reconsidered according to law.

Key points to remember:

• The Court cannot grant you a Visa
• The ART can grant you a Visa if you win in Court

FEDERAL COURT

If you lose in the Federal Circuit and Family Court of Australia (Div. 2), you can appeal to the Federal Court.

If the Minister personally cancels your visa on character grounds, you can also apply to the Federal Court.

Proceedings in either Court involve complex questions of administrative law, it is, therefore, important that you are represented in Court by experienced lawyers.

Given the complexity of administrative law involved, getting expert legal guidance is essential to navigate this process effectively. Our migration lawyers can talk to you about your visa appeal options and the best way to prepare your case at the Administrative Review Tribunal.

You can learn more about visa cancellations here.