If you are not satisfied with the outcome from the ART (Administrative Review Tribunal),
You may be able to challenge that decision by applying to the Federal Court for a judicial review, but this process is not a second chance to argue your case. Instead, it focuses on whether the ART made a legal error in how it handled your matter.
Common reasons for appealing include:
🔹 The ART did not follow proper legal procedures, such as communication issues.
🔹 The decision-maker misunderstood or misapplied the law
🔹 You were denied a fair hearing or procedural fairness
Throughout this legal journey, language services play a critical role, especially if some of your documents are not in English, or if you need help participating in hearings.
Here’s a step-by-step timeline of when you’ll likely need translation or interpreting support, so you can prepare with confidence.
🧾 Stage 1: Preparing Your Application
- Language Service Needed:
- ✅ Translation (LOTE → English) 📝 Any supporting documents (e.g. personal statements, foreign government records, letters) must be translated into English.
- ❌ English-language documents do not need translation.
📬 Stage 2: Filing the Application for Judicial Review
- Language Service Needed:
- 📂 Translations of foreign-language documents must be included with your application.
- 📜 Some courts may require a translator’s affidavit certifying the accuracy of the translation.
🗂️ Stage 3: Preparing your written submission and evidence
- Language Service Needed:
- ✅ Only evidence in English is included in your submission
- ✅ So, any LOTE documents must be translated before this stage.
- 📌 Important: Translation must be accurate and complete—the court relies heavily on what’s in your submission.
- 📌There is also a timeframe to submit all documents 28 days prior to the scheduled hearing, so it is important to bear the timetable in mind.
🧑⚖️ Stage 4: Directions Hearing / Case Management
- Language Service Needed:
- 🎧 Interpreting may be required if the applicant has limited English proficiency and needs to understand what is happening or participate actively.
- 📞 The court will organise this, but you should flag the need in advance.
⚖️ Stage 5: Final Hearing at the Federal Court
- Language Service Needed:
- 🎙️ Interpreting is essential if the applicant:
- Gives oral evidence
- Carries out legal argument
- Needs to follow proceedings closely
🛠️ The court usually arranges professional interpreters, but you must formally notify the Court ahead of time. If you are representing yourself, the court will likely arrange an interpreter for you.
✅ Summary Checklist:
| Stage | Translation (LOTE→English) | Interpreting |
|---|---|---|
| Application Preparation | ✅ Yes | ❌ No |
| Application Filing | ✅ Yes | ❌ No |
| Written Submission Preparation | ✅ Yes | ❌ No |
| Directions Hearing | ❌ Only if needed | ✅ Maybe |
| Final Court Hearing | ❌ Only if new docs appear | ✅ Yes |
Disclaimer:
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Nothing in this publication should be relied upon as a substitute for professional legal advice tailored to your individual circumstances. BL Translations, and any person acting on its behalf, does not accept any responsibility or liability for any loss, damage, or expense incurred as a result of reliance on the information provided herein. If you require legal assistance, you should seek advice from a qualified solicitor or legal practitioner.
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