ART Merits Review for Visa Refusals
aka lodging an appeal of a visa refusal decision
What to do if your Australian Partner Visa or Child Visa is refused
Refusals of Australian Partner Visas are a tragedy. Refusals of Australian Child Visas are just as bad. Your dreams and plans for your future together, all dashed in one moment when you open that email that says “REFUSAL”. A refusal must surely be final, right? The dream of being together with your sweetheart in Australia (or with your child) is over, right?
Not necessarily!
We (Down Under Visa) stayed working all through the two horrible years of COVID-19. Our office never closed for a single day, and we battled on helping our clients despite the challenges. And you know what kept us going? The fact that our clients NEVER lost hope and gave up on the loves of their lives! They kept fighting, and we stayed to help them. We’ve never seen any client ever give up while ever the love remained alive.
And the same thing applies to those who face Australian Visa Refusals! No one gives up when they truly love someone!
Most refusals will have something at the end of the notice telling you that you may appeal the decision visa what they call “Merits Review” (which is a technical term for “appeal”). If this is the case? Then get the experts at Down Under Visa to manage this for you and give yourself another chance.
What refused visa types can Down Under Visa help with?
Primarily Australian Partner Visas
- Subclass 300 Prospective Marriage Visas
- Subclass 309 Offshore Partner Visas
- Subclass 820 Onshore Partner Visas
- Also Subclass 801 and Subclass 100 Permanent Partner Visas
- And Subclass 461 New Zealand Family Relationship Visas
Australian Tourist Visas?
Technically, yes you can appeal a refusal of a Subclass 600 Tourist Visa (aka Visitor Visa) IF the sponsor was a spouse of family member.
But in reality? It will cost you a great deal of money, and if they refused due to Regulation 600.211 (which is where they say they don’t believe they are a genuine visitor and think they plan to overstay) it’s close to impossible to fight anyway. Sorry, but don’t want to waste your time and money!
Other Australian Visas?
- Subclass 445 Dependent Child Visa
- Subclass 101 Child Visa
- Subclass 802 Child Visa
- Subclass 870 Temporary Parent Visa
If you have a strong case, we will help you with these.
So what can Down Under Visa do for you?
We will examine your case (ie your visa refusal) and tell you if we find grounds for a defense at the Administrative Review Tribunal (ART, formerly “AAT”) using our sound understanding of the Migration Regulations (ie Australian Migration Law). We will guide you in collecting supportive evidence, and will get you to tell us the full story so we can prepare an effective defense submission. In most cases you will need to appear before the ART (with Jeff Harvie from Down Under Visa in attendance) online when the hearing happens. In some cases they dispense with a hearing when the submission documents (prepared by Jeff) is convincing enough.
If successful? They will tell the Department to accept their decision and to finalise the original visa application!
Please tell us your story below. And please attach BOTH the pdf documents that accompanied your refusal email. We will discuss your situation further, and we will tell you if we believe we can help you.
NOTE: We will also tell you if we CANNOT help you. We will not waste your time and money if we believe a defense to be futile.
Put your disappointment into the hands of the experts in Partner Visas from:
While there is love remaining, HOPE also remains!
Fill out the assessment form below to see how we can help you
Under the Code of Conduct for Registered Migration Agents your information will be treated with the strictest confidentiality.
ALL written content on this site is written by Jeff Harvie RMA. Not by "Content Creators". Not by marketing specialists. And definitely NOT by AI. The same applies to assessments and responses to emails. Visa advice always provided by Jeff Harvie RMA. Be assured we take our dealings with you seriously and professionally.
