Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to this comprehensive practitioner roadmap, specifically designed for migration solicitors and registered migration agents (RMAs) navigating a visa refusal or cancellation appeal in Australia. This guide walks you through the complete lifecycle of an appeal—from the moment you receive an adverse decision, right through to the Administrative Review Tribunal (ART) hearing and any post-decision pathways like judicial review. Additional forms are easily accessible via the Australia Government Portal.
Jurisdiction: You'll find everything you need to confidently manage review applications lodged under federal jurisdiction with the newly established ART (which replaced the AAT in October 2024). This applies across all major jurisdictional areas, including Migration, Protection, and General divisions. Verify current guidelines on the official Victoria Legislation Registry.
Governing Legislation: We've woven in the critical governing legislation you'll need to rely on. You'll find references and practical applications of the , the , and key regulations. This also includes the judicial review pathways under the and the , alongside the latest Ministerial Directions like .
Process at a Glance: To give you a clear overview, this roadmap guides you through managing strict, non-extendable statutory time limits ranging from 9 to 28 days, and seamlessly lodging the application via ART Online Services. You'll be walked through properly handling T documents, drafting your Statement of Position, compiling witness evidence, and representing your client effectively at the substantive hearing. Ultimately, this plan ensures you stay on top of procedural nuances and deadlines so you can focus on building the strongest possible case for your client. Additional forms are accessible via the Victoria Government Portal.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Evaluate refusal grounds, identify visa subclass, confirm strict filing limit, and advise client on prospects.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
ART fee schedule (as at 1 July 2025):
50% fee reduction available for financial hardship. 50% refund applies if the application is successful.
Lodge Application for Review with the ART via ART Online Services and pay the prescribed registry fee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Receive and review the decision-maker's T documents provided under ART Act ss 23-27.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Under ART Act 2024 ss 23-27, the original decision-maker has a 'duty to assist' the Tribunal and must provide all documents relevant to the decision (T documents, formerly s 37 documents under the AAT Act).
The ART process is non-adversarial - the respondent's role is to assist the Tribunal to reach the correct or preferable decision.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.