Why a Visa Remittal from the ART Isn’t Always an Approval?
Suppose your visa or visa application has been remitted by the Administrative Review Tribunal (ART) back to the Department of Home Affairs (DoHA). In that case, it is a positive step – but it doesn’t necessarily mean your visa is guaranteed. Many applicants mistakenly believe that a remittal equals an automatic approval, but the reality is that it can be more than you think.
What Does “Remitted” Mean?
When an ART remits your case, it means they have decided that the original refusal/cancellation should be reconsidered. The Tribunal typically does not grant visas itself; instead, it sends your visa application back to the Department with directions to make a new decision.
In most cases, a remittal means the ART has found that you now meet specific criteria, or that the Department should assess your application again in light of new evidence.
Is Your Visa Automatically Approved After Remittal?
A remittal is not the same as a visa approval. DoHA will reopen your application, reassess it and ensure all visa criteria are satisfied at the time of decision. This means they will still:
Check whether you meet health and character requirements
Assess if you satisfy all visa-specific criteria
Verify that no adverse changes have occurred since the ART decision
If something has changed, for example, you and your partner have separated, your sponsor no longer meets requirements, or new negative information comes to light, your visa can still be refused.
What Scenarios May Happen After a Remittal?
The ART has remitted your visa application. DoHA has to reassess the visa application with the new evidence provided within the processing time to decide. Then the visa decision may be:
If all criteria are satisfied, you then receive a visa grant letter.
If some criteria are not satisfied, you may still receive a Request for More Information (S56) notice or a Natural Justice (S57) notice from DoHA requesting further documents and information.
If the Department assesses that certain criteria are not satisfied, the visa application may be refused under a different ground from the initial refusal.
If your visa application refusal/visa cancellation was remitted from the ART due to character grounds, and the Department has subsequently granted the visa. There will be times that the Minister may personally exercise their powers and cancel your visa without a Notice of Intention to Consider Cancellation (NOICC) at any given time.
Therefore, it is always a good idea to consider seeking professional guidance and assistance as soon as possible from an Accredited Specialist in Immigration Law who specialises in such complex matters. AHC Lawyers have two (2) Accredited Specialists – Jason Ling or Angela De Silva, who can assist with your complex matter to forecast these situations and assist to achieve a more favourable outcome.
Related:
Visa Options After Character Cancellation – Is There Still Hope?
PR at Risk? What to Do When the Department Investigates Your Past Conduct
How Can Agape Henry Crux Help
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. AHC Lawyers’ team of immigration lawyers specialise in handling highly complex matters, and having a strategic plan today can save you time, money and stress tomorrow. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
