Tribunal direction to Department
ART remits the case with specific directions. Department must act consistently with those directions.
Remit, Not Grant · Department Reconsiders · Avoid Second Refusal
ART remitted your case. Do not celebrate yet.
Post-remit Department engagement is handled by Sourabh Aggarwal, Neha Sharma, and Gurjeev Bhalla across partner, skilled, and employer sponsored remit cases. A remit decision means the Tribunal directed the Department to reconsider the application. It is usually a win, but not always a grant. Staying engaged through the post-remit period avoids second refusals. Here is how it works.
What a remit means
Four things to understand.
Remit is distinct from set aside. The difference affects what happens next.
Not a grant
The visa is not granted by the ART. Department issues the grant if satisfied that remaining requirements are met.
Directions can be broad or narrow
Broad directions (e.g., consider all evidence) leave Department discretion. Narrow directions (e.g., find the relationship genuine) effectively mandate grant.
Fresh Department consideration
Department treats the case as if decided afresh but within the Tribunal directions. Other factors can still be considered.
Common post-remit risks
Three ways it can still go wrong.
Most remits lead to grants, but specific risks need managing.
New factors emergingApplicant circumstances change during the long ART process. New health issue, new criminal matter, end of relationship can trigger fresh refusal.
Directions interpreted narrowlyDepartment sometimes interprets Tribunal directions more narrowly than applicants expect. Can lead to fresh refusal on different grounds.
Evidence update requestsDepartment may request updated evidence (fresh medicals, fresh police clearances, fresh references). Non-response extends processing or triggers refusal.
Strategic response
Three priorities.
Active engagement during the post-remit period maximises the chance of grant.
Stay responsive
Respond to Department requests promptly and completely. Delays stretch processing and raise concerns.
Update changed circumstances
Proactively update the Department on material changes. Better to address than to hide.
Do not assume automatic grant
Some remits take months to become grants. Stay engaged throughout.
Remits are typically finalised within 3-6 months of the ART decision.
The Department generally acts on remits within a few months, although some take longer. Applicants should expect some processing time post-remit and keep documentation current throughout. Medical and police clearances should be within validity at the time the Department acts.
Common questions
The questions we hear most.
For remit follow-through, book with Sourabh Aggarwal.
Can the Department refuse after ART remitted?
In narrow circumstances, yes. Usually on issues the ART did not specifically direct on.
Do I need a lawyer for the post-remit period?
Specialist support helps ensure Department requests are handled promptly and correctly. Often worth the support through to grant.
Can the ART direct specific visa grant?
Set aside with substitution leads to grant. Remit with directions may or may not lead to grant depending on interpretation.
What if the Department does not act on my remit?
After reasonable time, specialist follow-up to Department. Persistent delay can sometimes be addressed through further legal action.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.