Is this your situation?
The deadline to lodge your ART review (formerly AAT) has passed. You did not lodge in time. Maybe you only just found out about the deadline, or you did not realise it was calculated from the deemed date of receipt rather than when you actually read the letter. Whatever happened, the review window has closed.
What this means
Missing the ART deadline means you have lost the right to have your case reviewed on its merits by the Tribunal. This cannot be undone. No amount of explaining will reopen the merits review pathway.
However, missing the ART deadline does not mean all options are exhausted. Other avenues exist, though they are narrower and more difficult.
What you can still do
Judicial review. You can apply to the Federal Circuit and Family Court of Australia for judicial review of the Department’s decision. Judicial review is not a fresh look at the merits. The court cannot decide whether you deserve the visa. It can only consider whether there was a legal error in how the decision was made: whether the Department applied the wrong legal test, denied you procedural fairness, took into account an irrelevant consideration, or made a jurisdictional error. If the court finds an error, it can set aside the decision and send the case back to the Department for a new decision.
Judicial review is more expensive than ART review, has a narrower scope, and is less likely to succeed unless there is a genuine legal error in the decision. But for some cases, it is the only remaining option.
Ministerial intervention. You can request the Minister intervene under section 351 or 417 of the Migration Act. This is entirely at the Minister’s discretion. The Minister is not required to consider your request, and most requests are not acted upon. But in cases with strong compassionate grounds, ministerial intervention is a genuine last-resort option.
Depart and reapply. You can leave Australia and lodge a fresh visa application from offshore. This removes any section 48 restriction and allows you to apply for any visa you are eligible for.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can assess whether judicial review or ministerial intervention is viable in your specific case. Call (07) 3519 7009.
FAQ
Q: How much does judicial review cost?
Court filing fees and legal representation costs vary by case complexity. Judicial review generally costs more than ART review. You may need a lawyer rather than (or in addition to) a migration agent.
Q: My agent did not tell me about the deadline. Do I have any recourse?
You may have a complaint against the agent through the Office of the Migration Agents Registration Authority (OMARA). This may lead to disciplinary action against the agent or compensation. But it does not restore your ART review rights. The deadline applies to you regardless of your agent’s actions or failures.
