Jameson Law represented a client in an Administrative Review Tribunal migration review after the Department of Home Affairs made an adverse migration decision. Following consideration of the evidence and written submissions, the Tribunal set aside the decision and remitted the matter for reconsideration.
| Matter type | Administrative Review Tribunal migration review |
| The challenge | Seeking review of an adverse migration decision made by the Department of Home Affairs |
| Represented by | Sali Romie, Solicitor |
| Outcome | The Tribunal set aside the Department’s decision and remitted the matter for reconsideration |
Seeking Tribunal review of an adverse migration decision
The situation
Our client engaged Jameson Law after receiving an adverse migration decision from the Department of Home Affairs. The client applied to the Administrative Review Tribunal (ART) for review and required assistance presenting the evidence and addressing the Department’s findings.
Why the written submissions mattered
Written submissions can help the Tribunal understand the issues, evidence and relevant legislative provisions. They should address adverse material directly and explain how the evidence relates to the legal questions the Tribunal must decide.
Our approach
Led by solicitor Sali Romie, our immigration law team reviewed the evidentiary record, identified inconsistencies and addressed potentially adverse material.
The submissions set out the chronology of events and explained the significance of the documentary evidence and witness statements. They also connected the facts with the legislative framework governing the Tribunal’s review.
The ART’s decision
After considering the evidence and written submissions, the Administrative Review Tribunal set aside the Department’s adverse migration decision and remitted the matter for reconsideration.
Part 5 of the Migration Act 1958 modifies how the Administrative Review Tribunal Act 2024 applies to reviewable migration and protection decisions. Under section 349 of the Migration Act, the ART may set aside and remit a decision relating to a prescribed matter in accordance with orders or recommendations permitted by the Migration Regulations 1994.
A remittal does not, by itself, mean that a visa has been granted. It returns the matter for reconsideration in accordance with the Tribunal’s decision and the law applying to the individual case.
Why careful preparation matters
This matter shows the value of organised evidence and clear written advocacy in Tribunal proceedings. Every migration matter depends on its own facts, evidence and applicable law. Submissions should identify the issues in dispute, address adverse material and explain how the evidence supports the applicant’s position.
Speak to Jameson Law
If you have received an adverse migration decision, check the decision record promptly for your review rights and deadline. Time limits and eligibility requirements depend on the decision and individual circumstances.
Contact Jameson Law to discuss advice or representation for an Administrative Review Tribunal migration review.
Frequently Asked Questions
What can the ART decide in a migration review?
Depending on the type of reviewable decision and the applicable legislation, the ART may affirm or vary the decision, set it aside and substitute another decision, or set it aside and remit the matter for reconsideration. Migration Act provisions modify the ART's general powers.
Does remittal mean that the visa has been granted?
No. Remittal returns the matter for reconsideration in accordance with the Tribunal's decision and the applicable law. The precise effect should be checked against the Tribunal's written decision and orders.
Why are written submissions important in an ART review?
Written submissions can identify the issues, organise the evidence, address adverse material and explain how the relevant law applies. Their content should be tailored to the decision under review.
Is an ART migration review an appeal?
An application to the ART is generally an application for merits review, not a court appeal. Court proceedings involving legal error are separate and different rules and time limits may apply.
How long do I have to apply for ART review?
The deadline depends on the type of migration decision and the applicant's circumstances. Check the Department's decision record immediately because some statutory time limits cannot be extended.
