Filing a Visa Appeal in Perth: When to Consult a Migration Lawyer or Agent for AAT Reviews

On 14 October 2024, the Administrative Appeals Tribunal (AAT) was replaced with the Administrative Review Tribunal (ART). The ‘AAT reviews’ is now a more commonly used term to refer to ART merits reviews of migration decisions by the Department of Home Affairs.

Appeals (merits review) of Perth visa decisions (and most visa decisions made throughout Australia) are subject to strict time limits which cannot be extended, must be paid for by the applicant and require either self-lodging or professional representation from a registered migration agent (MARA-registered) or an Australian lawyer holding a practising certificate. Fees can only be charged by these professionals (or restricted close family/sponsors in some instances) for immigration assistance.

Appeals and key steps for an ART Visa.

Please look at eligibility and deadline right now. Your decision letter from the Department of Home Affairs indicates if your decision is reviewable and how long the decision will be valid for (this is from the date it is deemed to be received, not necessarily from the date of receipt). Most migration decisions cannot be extended by the ART. Common periods are around 21 calendar days for many applications that have been refused as visas onshore, 28 days for some visas onshore, and periods of less than 9 days for some character or detention cases and longer for some offshore sponsor reviews. Always follow your letter.

·        Lodge the application. The preferred way is to do it online through ART. Paper forms (such as M1/M2) or contact a registry also may be used. Attach the decision notice (or other identifying information required) and pay the fee. All matters relating to Perth are managed by the ART Perth registry (Level 13, BOQ Building, 111 St Georges Terrace).

·         For most reviewable migration decisions, the application fee is $3,727 (indexed annually; check the current fee on art.gov.au). Financial hardship (pay at least the reduced amount on time, apply with evidence) may be available for a 50% reduction. If you are successful (set aside, vary or remit), you're usually credited 50%. The rules governing the fee for protection visa reviews vary (generally no fee to be paid up front, but a fee to be paid if the visa is denied after the decision is made). Agents/lawyers professional fees are additional.

·         Process: Confirmation is received on lodgement, the Department issues its file (“T documents”); evidence and written submissions made to address the reasons for refusal; a hearing may be held (or in some cases, e.g. recent changes to student visas, a hearing may be decided on the papers). Outcomes are: affirm (refusal stands), vary, set aside/substitute or remit with directions. The time periods for processing cases is quite variable by category; for median cases, this may take many months to years.

·         Onshore applicants: These visas are frequently issued as a bridging visa whilst review is ongoing (please refer to the conditions on the grant notice).

In some limited circumstances, if the ART confirms the decision, judicial review is available in the Federal Circuit and Family Court (not merits based, only jurisdictional error and usually has a time limit of 35 days) or, in exceptional cases, a request for Ministerial Intervention. It's a job for a lawyer: court work.

When should you seek the advice of a Migration Lawyer and/or Registered Migration Agent?

No representation is required (the ART is not only accessible for self-represented applicants, but many people go through without representation). The success rate is generally higher, however, with well-prepared professional assistance, particularly when the stakes are high (separation, loss of pathway, or removal), there is complex legal criteria and evidence required and procedural rules.

Always think about professional assistance (before as early as the deadline), in the following cases:

Time is limited or is approaching quickly (days left).

The case is complicated due to character issues (s 501); protection/refugee claims; health waivers; Schedule 3 or other criteria; prior refusals/cancellations; inconsistencies in evidence; and/or technical legal arguments.

Considerable new evidence will need to be collected/organised, detailed submissions will need to be prepared to directly address the reasons for refusal or good preparation will need to be done for a hearing.

English is not your mother tongue, or you are not familiar with the Australian migration law and Tribunal procedures.

You wish to know whether prospects are good: do you need to know whether to appeal or seek help for another course of action such as a new application if applicable; help to calculate the exact date and make sure that the application is lodged in time and hence valid.

The issue can then be heard by the courts or be raised with the ministers later.

Detention or emergency situations.

Migration agents (MARA-registered) may make applications, file reviews, give advice, submit evidence/submissions and attend and/or represent at ART hearings. Migration lawyers can do so as well and engage in court proceedings in case necessary. Check registration on the OMARA public register - MARNs for lawyers are regulated by legal profession. (mara.gov.au) Beware of any person who promises a sure bet or unusually low rates.

Immigration Consultants / Professionals in Perth

Look for Perth/Western Australia registered migration agents who are registered with MARA. Some companies offering visa refusal, visa cancellation and ART (formerly AAT) review services include companies that advertise their services in Perth including Estrin Saul Lawyers, William Gerard Legal, Green Wings Migration, Asia Pacific Group and many others - check whether they are registered and suitable for your needs. Many provide free consultations to discuss your refusal letter, your rights for review and deadlines, and what options are available to you.

Official starting points:

Use the ART website (art.gov.au) to find out how to apply, to complete the application form, pay the application fee, to read the practice directions and to locate applications (including Perth registry).

Decision letter and website from the Department of Home Affairs regarding your particular case.

To verify registered agents, refer to the Office of Market and Consumer Affairs (OMARA) website (mara.gov.au).

Don't wait too long, deadlines are not to be taken lightly, and leaving them behind typically waives review rights. This is general information only, based on publicly available information as of September 2026, which may change and outcomes are dependent on individual circumstances. Get advice from a registered migration agent or lawyer as soon as possible about your case.