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Merits Review
When the Department of Home Affairs refuses or cancels a visa, the first—and often most effective—avenue of challenge is a merits review application to the Administrative Review Tribunal of Australia (ARTA). A well‑prepared merits review can overturn a decision in weeks, restore work rights and reopen future visa pathways.
A merits review is a de novo re‑examination of the facts, law and discretion underlying a Departmental decision. The Tribunal stands in the shoes of the original delegate and may:
Merits Review (ARTA) | Judicial Review (FCCA/Fed Court) | |
Scope | Re‑decides facts, law and discretion | Looks only for legal error (jurisdiction, procedural fairness etc.) |
Evidence | New documents, witnesses allowed | Limited to evidence before decision‑maker |
Decision‑maker | Independent Tribunal member (migration specialists) | Judge |
Remedies | Affirm, set aside, substitute, remit | Quash and remit; no new visa grant |
Time & cost | Lower filing fee, ~6–24 months average | Higher fee, longer timeline |
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Find answers to common questions about our Australian Visa Refusal services and processes. If you need further assistance, please contact our office.
Yes—ARTA must consider any material you provide up to decision day.
Usually yes, but the Tribunal can decide on the papers if it intends to grant.
You have 35 days to file judicial review or depart; PIC 4014 exclusion may apply if you leave.