ART Appeal: Bridging E Visa Granted

Visa/Service Type:
AAT (now ART) – Immigration Review

Completion Date:
January 25, 2023

Background:
While studying in Australia, L committed an offense and was initially sentenced to 12 months’ imprisonment. As a first-time offender, the judge converted the sentence to a community service order. After completing the community service, L’s lawyer submitted a Bridging E visa application. However, after waiting nearly 20 months, L’s home was raided by immigration authorities and police in the early morning, and he was informed that his Bridging E visa was refused due to failing the character test, and he was immediately taken to an immigration detention center.

Case Handling:
We received L’s call on the day he was detained and immediately took over the case. Given the strict timelines for AAT (now ART) hearings, we had very limited time to prepare. Our team reviewed his visa history and the details of the prior offense, while also providing ongoing psychological support to help him cope with the stress of detention.

We analyzed the case carefully: historically, less than 30% of Bridging E visa refusals due to character issues are overturned at AAT. L fully trusted our team and actively cooperated throughout the process.

Hearing Day:
Two of our licensed agents represented L in court. The Department of Home Affairs was represented by two experienced lawyers. During cross-examination, L was extremely nervous, answered less than 50% of questions, and appeared hesitant and disorganized, which risked undermining the credibility of his testimony.

In our oral submissions, we emphasized:

• L’s genuine willingness to comply with the law

• His positive conduct following the offense

• Supporting precedents and case law demonstrating why he should be granted a Bridging E visa

Outcome:
Two weeks later, we received notification of success at AAT (now ART). L was released after more than three months in detention.

Key Takeaways:

• Trust and full cooperation between client and legal team were critical to success

• Even complex cases can be overturned with careful preparation, strategic advocacy, and presentation of evidence

• The AAT (now ART) serves as an essential independent tribunal to review and correct immigration decisions, ensuring fairness

This case demonstrates that a visa refusal is not the end—with proper representation, even the most challenging cases can achieve positive outcomes.