Understanding the Immigration Merits Review Process
If your visa has been refused or cancelled, you may still have the right to challenge the decision through the Immigration Merits Review process. This involves applying to the Administrative Review Tribunal (ART) to have your case independently reviewed.
A review gives you the opportunity to present new information, clarify misunderstandings, or respond to concerns raised in the original decision. However, strict deadlines apply, and the legal process can be complex.
If you’ve received a visa refusal or cancellation, we encourage you to act quickly. Early legal advice can make a significant difference to the outcome of your review.
What Is an Immigration Merits Review?
An Immigration Merits Review allows you to challenge a visa refusal or cancellation by applying to the Administrative Review Tribunal (ART). The Tribunal will take a fresh look at your case, considering all the information provided to the Department of Home Affairs, as well as any new evidence or arguments you present.
This process gives you a second chance to explain your situation, correct any misunderstandings, and respond to the reasons for the decision. Importantly, the ART can overturn or change the original decision if it believes a different outcome is legally justified.
Not all visa decisions are eligible for review, and strict deadlines apply, often within 7 to 21 days of receiving your decision notice. Delaying your response could mean losing the right to have your case heard.
We help clients lodge review applications on time and prepare submissions that focus on the issues that matter most. Getting the right legal advice early can make all the difference if you’re considering a merits review.
Why Do You Need a Lawyer for Immigration Merits Reviews?
The Administrative Review Tribunal (ART) has the power to reconsider a visa decision, but a well-prepared application, credible evidence, and clear legal reasoning must support that power. Many applicants underestimate the complexity of the process or run out of time trying to prepare submissions on their own.
Before lodging your own application, ask yourself:
- Do I understand the legal reasons why my visa was refused or cancelled?
- Can I clearly identify and address the key issues raised in the decision?
- Do I know how to present new evidence or legal arguments to the Tribunal?
- Am I confident appearing at a hearing and responding to questioning?
- What are my options if the review is unsuccessful?
- Have I checked the deadline for lodging my review application?
If you’re unsure about any of these questions, it is time to speak with a legal professional.
We have significant experience representing clients in Immigration Merits Reviews. We know how the Tribunal works and what it looks for in submissions. From building your case to representing you at a hearing, we’re with you every step of the way.
Our 3-Step Immigration Merits Review Process
Step 1: Book a Free Consultation
Start by booking a no-cost, confidential consultation. You’ll speak with one of our experienced immigration lawyers, who will review your situation and explain whether a merits review is available to you.
Step 2: Receive Initial Free Advice
We’ll assess your case and guide you on your prospects for review. You’ll learn what supporting evidence is needed, what issues the ART will consider, and how the process works.
Step 3: Engage Our Services
If you decide to proceed, we’ll act quickly to prepare and lodge your application with the ART. From there, we’ll represent you throughout the process, including preparing legal submissions, managing correspondence, and appearing at your hearing.
Why Choose Sambi Legal for Your Immigration Merits Review?
Applying for an Immigration Merits Review isn’t just about challenging a decision; it is often about securing your future in Australia. That’s why we bring together legal expertise, compassion, and clarity to guide clients through one of the most important legal processes they may ever face.
We have a strong focus on immigration and administrative law, and represent clients at the Administrative Review Tribunal (ART) across Brisbane and Australia. Whether your visa was refused on character grounds, documentation issues, or eligibility concerns, we know how to assess the legal merits of your case and develop a strong response.
Proven Experience in Merits Reviews and Appeals
Our team regularly appears before the ART and has deep knowledge of Tribunal procedures, submission requirements, and appeal strategy. We understand what works and what doesn’t when your visa is on the line.
Respectful, Personable Legal Support
Our lawyers come from diverse backgrounds and understand the real-world pressures that visa applicants face. You’ll be treated with respect, empathy, and professionalism at all times.
Transparent and Affordable Legal Fees
We offer free initial consultations and clear pricing from the outset. There are no hidden costs, and no pressure to proceed unless you’re ready.
Serving Brisbane and Clients Australia-wide
While based in Brisbane, we assist clients in all states and territories, including regional areas and those in immigration detention.
Frequently Asked Questions
What types of visa decisions can be reviewed at the ART?
The Administrative Review Tribunal (ART) can review a range of decisions made by the Department of Home Affairs, including visa refusals and cancellations. Not all decisions are reviewable, so it is important to check your eligibility with a lawyer.
How long do I have to lodge an Immigration Merits Review?
Time limits are strict. In most cases, you have 7 to 21 days from the date you are notified of the decision. Missing the deadline could mean losing the right to a review altogether.
What happens during a tribunal hearing?
A tribunal hearing is a formal meeting where you or your legal representative can explain your case, provide evidence, and respond to any issues raised. The ART will consider everything afresh and make a new decision.
Can I stay in Australia while my review is in progress?
In most cases, yes. You may be granted a Bridging Visa that allows you to remain in Australia while your application is under review. However, this depends on your visa status at the time of the original decision.
What happens if my Immigration Merits Review is unsuccessful?
If your review is not successful, you may still have options, such as judicial review in the Federal Circuit and Family Court or requesting ministerial intervention. Legal advice is essential at this stage to understand your next steps.
If you’re dealing with a legal issue and aren’t sure where to start, we’re here to help. Contact Sambi Legal today to arrange your free initial consultation. We’ll listen to your concerns, explain your options, and help you decide on the next steps.
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