The Administrative Review Tribunal (ART) is the independent tribunal that reviews administrative decisions of the Commonwealth Government. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. In migration matters, the ART can review most visa refusals and cancellations made by the Department of Home Affairs, as well as some sponsorship and nomination decisions. The ART conducts merits review: it reconsiders the case on the law and evidence at the time of the review, and applicants can provide new evidence and speak at a hearing. Applications must be lodged within strict time limits, so act straight away if you receive an adverse decision.

Legal framework

The ART was established under the Administrative Review Tribunal Act 2024 (Cth). Review rights for migration decisions, which decisions are reviewable and some procedural rules are still set out in the Migration Act 1958 (Cth). The ART's Guidance and Appeals Panel can deal with issues of significance and review the Tribunal's own decisions, to promote consistent decision-making.

Reviewable migration decisions

• most refusals of visa applications made in Australia;
• some refusals of offshore applications that require an Australian sponsor (such as certain partner, family and employer-sponsored visas), where the review is generally lodged by the sponsor;
• most visa cancellations made by Home Affairs officers, including cancellations under sections 116 and 501;
• protection visa refusals;
• decisions refusing to approve a sponsor or nomination.

Not every decision can be reviewed. Decisions made by the Minister personally, and refusals of some offshore applications, carry no right of ART review; the only options may be a fresh application or judicial review. For a comparison of the options after a refusal, see our visa refusals page; for review of visa cancellations, see our Visa cancellation page.

Time limits

Time limits vary with the type of decision and the applicant's circumstances. They are especially short for people in immigration detention and for character-based cancellations, which currently must be lodged within 9 days of notification, with no extension. Always check the exact deadline in your decision letter. Missing it generally means losing your right of review.

The review process

1. Lodge the application: Lodge online within the time limit, attach the decision letter and pay the application fee (if applicable).
2. Prepare submissions and evidence: Provide written submissions, new evidence and witness statements addressing each criterion the original decision relied on.
3. Respond to adverse information: If the Tribunal intends to rely on information that is adverse to you, it will generally invite you in writing to respond, and you must do so by the deadline.
4. Attend the hearing: Hearings can be held in person or by video. You can have an interpreter, and the Tribunal member will ask questions about the key facts.
5. The decision: The Tribunal can affirm the decision, vary it, set it aside and substitute a new decision, or send it back to Home Affairs to reconsider with directions.

Common issues and risks

• Simply repeating the original application without new evidence that addresses the reasons for refusal.
• Evidence at the hearing that is inconsistent with earlier applications or witness statements, damaging credibility.
• Assuming you can travel freely during the review. Leaving Australia can end your bridging visa and, in some cases, affect the review itself.
• Not telling the Tribunal promptly about changes during the review (for example, a relationship ending or a new job).

After the review

If the ART affirms the decision and the decision involves a legal error, you can apply to a court for judicial review within the statutory time limit. See our migration cases in the federal courts page. The Minister may also intervene personally where it is in the public interest, but is not obliged to consider a request. For more questions and answers on the ART and judicial review, see Australian migration law FAQs (Part 4).

Documents you’ll need

Usually the decision letter, everything lodged with the original application, correspondence with Home Affairs, new evidence answering the reasons for refusal or cancellation, witness statements, and proof of identity and visa status. Documents not in English need an accredited English translation.

How we help

Chua Tan Associates has practised in Melbourne since 1990. Two of our lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We can assess your review prospects and other options, prepare written submissions and evidence, represent you at the ART hearing and, if needed, handle any later judicial review. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page.

Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.

This article is part of the guide: Australian immigration solicitor - See all related guides