Merits Review of Migration Decisions: Protecting Your Right to a Fair Outcome

  If your visa application has been refused or your visa has been cancelled, you may have the right to seek a merits review through the Administrative Review Tribunal (ART)—formerly the Administrative Appeals Tribunal (AAT).

A merits review is a process where an independent tribunal reconsiders your case and makes a new decision based on the facts and law. The tribunal has the power to affirm, vary, or overturn the original decision made by the Department of Home Affairs. This process gives you the opportunity to present new evidence, clarify your circumstances, and have your case assessed fairly.

At McLean Legal, we provide expert legal representation to help you challenge migration decisions and present a strong case for review. With strict time limits and complex legal requirements, it’s essential to act quickly and seek professional advice.

At McLean Legal, we begin by carefully assessing your eligibility for a merits review. Not all decisions are reviewable, and strict time limits apply, so we provide prompt and accurate advice to help you understand your options and act quickly.

Once eligibility is confirmed, we assist in preparing detailed legal submissions tailored to your case. This includes identifying errors in the original decision, addressing factual misunderstandings, and presenting your circumstances in the strongest possible light.

We also help gather and organise supporting evidence, such as personal statements, expert reports, and relevant documentation. We ensure that all materials are presented clearly and persuasively to support your claims.

When it comes time for your hearing, we provide full representation before the Administrative Review Tribunal. We advocate on your behalf, respond to questions from the Tribunal, and ensure your case is presented professionally and effectively.

If your review is unsuccessful, we advise on further legal options, including judicial review in the Federal Circuit and Family Court or the Federal Court of Australia. We guide you through each step, ensuring you understand your rights and the legal pathways available to you.