ART Review for Migration Decisions
The Administrative Review Tribunal (ART) is Australia's federal merits review body — replacing the AAT on 14 October 2024. For most reviewable Department of Home Affairs decisions, the ART is the next step after a refusal, cancellation, or other adverse migration decision. The ART conducts an independent review on the merits — examining whether the original decision was the correct or preferable one on the facts and law.
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Time limits are statutory. Most migration ART reviews must be lodged within 21 days of notification. Some character decisions have shorter limits (such as 9 days). The ART has very limited power to extend time. The decision letter is authoritative on your specific deadline.
AAT → ART transition
The Administrative Review Tribunal Act 2024 established the ART on 14 October 2024, replacing the AAT. The function — merits review of administrative decisions — continues. Existing AAT case law and procedural learning largely continues to apply. The change brings some structural and cultural updates (such as separate Lists for different subject areas, and explicit user-focused commitments) but most of the day-to-day practice for migration matters is comparable to the AAT. Documents, citations, and references should now use "ART".
What the ART can review
- Onshore visa refusals — for most subclasses where the applicant was in Australia at decision (the applicant typically holds review rights)
- Offshore visa refusals — for some subclasses where the sponsor in Australia holds review rights (partner, child, parent, employer-sponsored)
- Nomination refusals — the sponsoring business holds review rights for refused 482 / 186 / 494 nominations
- Sponsorship refusals and cancellations — the sponsoring entity holds review rights
- Visa cancellations — under specific procedures including section 501 character cancellations
- Other reviewable migration decisions as specified in the Migration Act and Regulations
Whether your specific decision is reviewable, and by whom, is stated on the decision letter. If review rights are not stated, the decision may not be reviewable to the ART (and an alternative pathway such as judicial review or ministerial intervention may be the only remaining route).
Time limits — the 21-day rule (and exceptions)
For most migration decisions, the time limit to lodge an ART review is 21 calendar days from the day the applicant (or sponsor) is taken to be notified of the decision. Notification rules vary — by email, by post (with deemed receipt periods), or in person — and the exact day of notification can be a critical detail. Some decisions have shorter limits:
- Onshore section 501 character cancellations made by the Minister personally — historically 9 days from notification
- Some sponsorship-related decisions — different limits apply
- Offshore decisions — typically longer (e.g. 70 days for some offshore review rights held by sponsors)
The decision letter is the authoritative source on your specific deadline. Late lodgement is generally not accepted; the ART has very limited power to extend time.
The review process
- Lodge the review application within the statutory deadline and pay the lodgement fee.
- The ART acknowledges and registers the application; case officer assigned.
- Department provides the case file — the documents the Department relied on in making the decision.
- Applicant (or sponsor) submits additional evidence and written submissions addressing the Department's reasons and providing strengthened material.
- Hearing — typically scheduled in person, by video, or by telephone. The Tribunal asks questions; witnesses may give evidence.
- Tribunal decision — affirm, set aside (and substitute), remit with directions, or (less commonly) vary.
- Outcome implementation — if the original decision is set aside or remitted, the Department processes the consequence (often grant of the visa, or reconsideration with the ART's directions).
After ART — judicial review and ministerial intervention
If the ART affirms the original decision, further options are limited:
- Judicial review by the Federal Circuit and Family Court of Australia (FCFCOA) on jurisdictional error grounds only — judicial review is not a re-hearing of the merits, but an examination of whether the Tribunal made a legal error.
- Ministerial intervention requests under section 351 / 417 of the Migration Act — discretionary, rarely granted, no review rights to the Minister's decision to consider or not consider the request.
Frequently asked questions
What's the difference between the ART and the AAT?
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024 as Australia's federal merits review body. The ART continues the merits review function — examining whether the original decision was the correct or preferable one on the facts and law. Many of the procedures, principles, and case law from the AAT continue to apply. The change is structural and cultural rather than wholesale procedural — but the legal name on documents, websites, and case citations is now ART.
Which migration decisions can the ART review?
The ART reviews most reviewable Department of Home Affairs decisions, including: most onshore visa refusals (where the applicant was in Australia when the decision was made), some offshore visa refusals (where the sponsor holds review rights — partner, child, parent, employer-sponsored), nomination refusals (typically reviewable by the sponsor), sponsorship refusals and cancellations, visa cancellations (including section 501 character cancellations under specific procedures), and some other migration decisions. Whether your specific decision is reviewable is stated on the decision letter — if not stated as reviewable, it may not be.
How long do I have to lodge an ART review?
Time limits depend on the decision type but for most migration decisions the deadline is 21 calendar days from the day the applicant (or sponsor) is taken to be notified of the decision. Some decisions have shorter deadlines — section 501 cancellations made by the Minister personally and some other decisions can have very short time limits (such as 9 days for some onshore character decisions). The decision letter is authoritative on your specific deadline. The ART has very limited power to extend time — do not assume extensions are available.
What does an ART review cost?
The ART publishes its current application fees on its website. The full lodgement fee is materially higher than a typical visa application charge. Fee reductions are available in defined circumstances (such as concession holders, hardship, or specific decision types). Some legal/migration assistance fees apply on top of the ART fee. Verify the current ART fee and any concession before lodging.
Do I need to attend a hearing?
Usually yes. The ART typically conducts hearings — in person at an ART registry, by video conference, or by telephone — where the applicant (or sponsor) and any witnesses give evidence and answer questions from the Tribunal. The hearing is usually not adversarial in the litigation sense; the Tribunal asks questions designed to understand the facts. Some matters can be decided 'on the papers' without a hearing if both sides consent and the Tribunal considers it appropriate.
What can the ART decide?
The ART has four main outcome options: affirm the original decision (the refusal stands), set aside the decision and substitute its own decision (often granting the visa), remit the decision back to the Department with directions to reconsider, or vary the decision (less common in migration matters). Which outcome the ART reaches depends on the evidence, the applicable law, and any policy considerations the Tribunal is required to apply.
Can WIDEN guarantee a successful ART review?
No. No registered migration agent can guarantee any review outcome (s 15, Migration Agents Code of Conduct 2022). The ART is an independent tribunal that decides each case on its merits, on the evidence and the law put before it. What WIDEN does is identify the strongest available grounds, prepare the evidence and submissions, and represent the case competently at hearing. The outcome is the ART's decision.
Send WIDEN a confidential enquiry
Related
- Student visa refusal (Subclass 500)
- Partner visa refusal (820/801, 309/100)
- 482 nomination refusal (sponsor side)
- Character refusals & cancellations (s 501)
General information only. Refusal, cancellation, and review processes are governed by the Migration Act 1958 and associated regulations; specific procedures and time limits depend on the visa subclass and the decision involved. Verify your individual deadlines and pathway on the original decision notice and on the Department of Home Affairs and Administrative Review Tribunal (ART) websites.
This page does not constitute migration advice (s 23, Migration Agents Code of Conduct 2022). Outcomes in refusal and review matters cannot be guaranteed by any registered migration agent (s 15). Each case turns on its specific facts and evidence. Migration advice is provided by Keshab Chapagain (MARN 1576536) only after a paid initial consultation under section 43 of the Code, with a written service agreement issued before further work commences (section 42). The OMARA Consumer Guide is provided to all clients before the consultation begins. PI insurance held under the Migration Agents Regulations 1998. Complaints via our Complaints Policy or directly to OMARA.