Welcome to WiseNest, your partner in migration success!

ART is the organisation responsible for reviewing decisions made by the Australian government.

The Migration and Refugee Division (MRD) is a division under the ART which reviews business sponsorship, nomination, visa and citizenship decisions. Typically applicants and visa holders will submit an application for review when their visa application is refused, or when their Australian visa is cancelled. 

When a decision is being reviewed by the ART, one of the following results occur:

• the decision is affirmed (i.e. there are no changes)
• the decision is set aside (i.e. the decision is substituted with a new and different decision)
• the original application (visa/citizenship/sponsorship/nomination) is remitted (i.e. returned) to the Department of Home Affairs for reconsideration with recommendations by the Tribunal on additional factors to be considered
• the decision is varied

The AAT conducts a merits review which is explained as follows on the ART website: 

“Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.”

The Tribunal reviews the application afresh and may also consider new evidence or information submitted with the review application.

The ART is independent of the Department of Home Affairs and has the powers to review and reverse (set aside) the decisions made by DHA.

You can submit a review application only if you are entitled for review rights. The decision to lodge a review application to the AAT depends on the circumstances of the visa/sponsorship refusal. Some of the common grounds for refusals include:

• Partner visas – Schedule 3 issues, failure to demonstrate genuine relationship
• Student visas – Meeting the Genuine Temporary Entrant (GTE) requirement, lack of financial capacity
• 457, 482 and ENS visas – Demonstrating genuine position
• Visitor visas – Meeting the Genuine Temporary Entrant (GTE) requirement
• 
  

The chances of obtaining a positive outcome from the Tribunal to set aside a DHA decision require the following:

• a thorough analysis of the decision record
• in-depth knowledge about the visa applied and the criteria
• assessing the applicant’s circumstances and ability to address the issues highlighted by the DHA delegate when deciding the applications

In summary it should be considered whether the applicant can provide better evidence or information that will meet the application requirements. If the original application can be improved then the chances for success with the review will be increased.

Applicants with complicated circumstances should also note that submitting an ART review application is a pathway towards ministerial intervention. You can only request for a ministerial intervention if you have received a decision from the ART. You should be aware that the Minister only intervenes in a small amount of cases and you should have unique or exceptional circumstances before applying for a ministerial intervention.

Based in Sydney, Australia, WiseNest proudly provides immigration services to people and businesses from all over the world.

WiseNest team has profound knowledge in the Australian migration policy and legislation. Our registered migration agents have over 15 years of practical experience in the migration industry and are highly experienced in all aspects of ART appeals and reviews.

Our registered migration agents provide full representation on your appeal application, manage the entire process on your behalf to maximise your chances of success in the visa application outcome.

At WiseNest, your process of applying for an appeal is streamlined. Our team of experts will work with you at every step throughout the application to ensure that your application is processed as fast as possible.

We provide you with the following services:

1. A free consultation with our team of migration agents over the phone or in our office. We will assess and advise you on your appeal alternatives.
2. Conduct an assessment based on your background and conditions to assess your eligibility to determine your chances of success.
3. Prepare and submit your appeals to the ART.
4. Represent you in a hearing.

Based in Sydney, Australia, our team of experts at WiseNest look forward to assisting you with your appeal matters. We proudly provide Australian immigration advice to people and businesses within Australia and from all over the world.