Australia ART Appeals Specialist (Administrative Review Tribunal Appeals Specialist).
How Best BMS GLOBAL can assist visa applicants who have been refused visas or whose visas have been cancelled by Department of Home Affairs, Australia:
- BMS GLOBAL has been providing Appeal services to overseas people for the last 25 years successfully. Many student visa applicants, visitor visa applicants, skilled migration applicants, work visa applicants, and partner visa applicants face either refusal from Dept or whose visas have been cancelled by Department for breach of condition and if eligible will have right to appeal to ART – Administrative Review Tribunal. ART is an Independent Govt Body who will review refusal or cancellation of visa on its Merits or Jurisdictional Error made by Decision makers called Immigration Officers of Department.
- First thing you must remember to make an ART Appeal is that you must lodge an appeal to ART within time limit permitted by Department in their refusal or visa cancellation letter. For example, generally 28 days’ time limit is given from the date of refusal of visa application and in case of visa cancellation time limit may be only two days or a few days from the date of cancellation of visa. You must read letter from Dept carefully before making an appeal to ART. ART Appeal fee is now costly to the tune of about A$4,000 and agent’s fee to process an appeal ranges between A$4K to A$8K so it will be costly process and also time taken to process appeal ranges between one to three years or more and till that time whether you will be able to stay in Australia and importantly will you be able to bear costs of living in Australia. If you wish to lodge an appeal to ART, please contact BMS GLOBAL immediately so that you can be advised of your rights and how best you can win your appeal. Appeal process is complex and an experienced registered migration agent with plenty of experience and case research capabilities will be of assistance to you as compared to someone who has little or no experience in making ART Appeals.
- The ART appeal fee is a government fee and must be paid at the time of application and the agent will also charge the initial amount to commence appeal work. You can lodge an appeal by yourself without help from anyone else. Strict time limits apply and appeal must be lodged within permitted time limit and do not wait till last day of lodgment of appeal as systems sometimes do not work and if you missed out time limits you will not be able to lodge appeal to ART and you will lose your right to make an appeal.
- ART will judge the appeal on its merits, the quality or fairness of decisions whether decision makers apply the laws correctly. If applied correctly, then whether the laws were interpreted correctly. If not, where decision makers make errors in decision making so that visa was refused or cancelled. For example, an overseas student, at the time of application, has not provided police check, medical, or English test score as required. The department refused student visa for not meeting the requirements at the time of application. ART will investigate decisions of department and check whether students has initiated the process of obtaining documents. If student has provided RECEIPTS of Fees paid to obtain police check, medicals, and English test, ART will give decision in favour of overseas student. ART will either affirm the decision of Dept. or remit the decision back to Dept to reconsider application as per laws or set aside decision of Dept and give their own decision to grant visa to appeal applicant.
- Appeal applicants must provide evidence and research on cases previously fought to make arguments in favour of winning the case. Many applicants will have limited resources and knowledge of making appeals. Here is where BMS GLOBAL specialist knowledge assists applicants to provide evidence, research, and arguments to prove the case that department decision be kept aside to grant visa to appeal applicants. ART in most cases remits decision back to Dept to reconsider application as per laws prevailing and Dept may or may not accept decision of ART and may or may not grant visa to review applicant. Each case becomes UNIQUE, and lot of experience will be required to win the appeal.
- ART has been receiving large numbers of appeals daily basis due to enormous rejections of visa applications by the department and now the processing is taking after 2-3 years, and review applicants must have patience till their turn comes for ‘Hearing’. ART conducts Hearing either over the phone or in person at place and time and date specified by ART and review applicants and their agents remain present during Hearing. ART has Hon Member who asks several questions to review applicants and collects answers and after reviewing the case will provide outcome of appeal. If review applicant has difficulty with English, ART will provide translator for the language required. If a review applicant is a client of BMS GLOBAL, we will prepare the review applicant for Hearing so that positive outcome of appeal can be obtained from ART.
- BMS GLOBAL can be contacted by email at patel@bmsglobal.com.au or mobile + 61 416 014 257 or fill out form in website www.bmsglobal.com.au and we will respond to your enquiry immediately.
- WELCOME TO AUSTRALIA!
