The Administrative Review Tribunal (ART) is the principal merits review body for many immigration-related decisions under the Migration Act, subject to statutory exceptions. It replaced the Administrative Appeals Tribunal on 14 October 2024 following the introduction of the Administrative Review Tribunal Act 2024 (Cth). The ART operates as an independent national tribunal, and can review decisions on all types of matters, from ATO-administered taxation decisions under statutes like the Income Tax Assessment Act 1997 (Cth), to decisions made by the Department of Home Affairs under the Migration Act 1958 (Cth) (‘Migration Act’), and more. For matters regarding immigration, the ART’s function is to provide a structured mechanism for individuals to challenge visa refusals, cancellations and related decisions as first order of review, without needing to go to a court.
Nature of ART Merits Review
In immigration matters, the ART conducts a merits review, which involves a reconsideration of the original decision. This means the Tribunal does not simply assess whether the Department made a legal or procedural mistake. Instead, it reassesses the entire application and determines what decision should be made based on the facts, law and policy at the time of review. This distinction is significant, as the ART is not confined to the information that was originally before the decision-maker. It can consider new evidence, updated personal circumstances and additional submissions. For example, if an applicant was refused a visa due to insufficient documentation, they may provide further evidence during the review. Similarly, changes in personal circumstances, such as employment, relationships or financial position, can be taken into account where relevant.
Scope of Decisions Reviewed
The ART has jurisdiction over many, but not all, immigration decisions, depending on the relevant reviewable decision and any statutory exclusion. This includes refusals of temporary and permanent visas across categories such as student, skilled, employer-sponsored, partner, family and visitor visas. It also reviews visa cancellations, including those based on non-compliance with visa conditions or character concerns. In addition, the ART reviews protection visa decisions, which involve claims for refugee status or complementary protection. It also deals with decisions relating to sponsorship and nomination in employer-sponsored and partner visa applications, where the eligibility of the sponsor is in issue.
Decisions made on character grounds under section 501 of the Migration Act are also commonly reviewed, particularly where a visa has been refused or cancelled due to a person’s criminal history or conduct. However, jurisdiction is strictly determined by legislation. Certain decisions, including those personally made by the Minister in the public interest and those involving adverse national security assessments, are excluded from review.
Time Limits, Applications and Appeals
Obtaining a review at the ART is conditional upon lodging a valid application within the prescribed timeframe. These time limits are strict and vary depending on the type of decision. An application for review of a reviewable migration decision or a reviewable protection decision must be made:
- If the applicant is in immigration detention, within 14 days after the day the applicant is notified of the decision;
- Otherwise, within 28 days after the day the applicant is notified of the decision.[1]
For expedited review of decisions under ss 501 and s501CA (decision to refuse or cancel your visa on character grounds, as well as decision to not revoke the mandatory cancellation of your visa on character grounds, respectively), application for review must be lodged within 9 days after the day on which the Minister’s decision is received, as per s 500(6B) of the Migration Act.
In any case, the applicant should check the Home Affairs decision letter, as the applicable limit depends on the decision type and detention status.
These deadlines are jurisdictional, meaning that if an application is lodged outside the required period, the ART generally has no power to accept it. There is very limited scope for extension, and in most cases, none at all. As a result, prompt action is essential.
A valid application must also be made by a person who is legally entitled to seek review, which is usually the visa applicant or, in some cases, a sponsor or nominator. The application must comply with the procedural requirements set out in the Migration Act, including payment of the prescribed fee where applicable. If these requirements are not satisfied, the Tribunal cannot proceed.
Procedure and Evidence
Once a valid application is lodged, the ART obtains the Department’s file, which includes the original application, supporting documents and reasons for decision. The Tribunal then reviews this material alongside any additional evidence provided by the applicant. The process is generally informal and inquisitorial. This means the Tribunal controls the process and identifies the issues that need to be addressed, rather than relying on the parties to present competing arguments in a strictly adversarial manner, and they may request further information, issue directions or invite the applicant to comment on particular matters. The Tribunal is not bound by strict rules of evidence; it may consider any material that is relevant and reliable, even if it would not be admissible in a court. This allows applicants to present a broader range of evidence, including personal statements, supporting letters and updated documentation.
However, the process is not without limits. The Migration Act imposes specific procedural requirements, particularly in relation to how the Tribunal must deal with adverse information. Where significant new material is provided late in the process without a reasonable explanation, the Tribunal may give it less weight or question its reliability. Applicants are therefore expected to present their case as fully and clearly as possible at an early stage. The ART’s Migration, Protection and Character Practice Direction 2026 sets out the procedural framework, including strict application time limits and rules for evidence exchange in character cases.
Hearings and Decision-Making
In many cases, the ART will conduct a hearing, especially where there are factual disputes or issues of credibility. A hearing provides the applicant with an opportunity to explain their circumstances, clarify inconsistencies and respond to questions from the Tribunal. While the setting is less formal than a court, it remains a structured process and preparation is important. Interpreters are available where required, and applicants may be represented by a migration agent or lawyer, although representation is not mandatory. The ART makes its decision based on the circumstances existing at the time of review, including any changes since the original decision. This ensures that the outcome reflects the current position rather than being limited to past information.
Possible Outcomes
After completing its review, the ART has several options available. It may affirm the original decision, meaning the refusal or cancellation remains in place. It may vary the decision or set it aside and substitute a new decision, effectively replacing the original outcome. Alternatively, it may remit the matter to the Department with directions to reconsider the case in accordance with its findings. A remittal is often a favourable outcome, as it requires the Department to reassess the application, usually with the benefit of guidance from the Tribunal. A substituted decision, on the other hand, may result in the visa being granted directly if the Tribunal is satisfied that all requirements are met.
Practical Considerations
Applicants who apply for ART review whilst holding a valid visa in Australia may be eligible for a bridging visa. This allows them to remain lawfully in the country whilst the review is ongoing, although conditions may apply.
A filing fee is generally payable when lodging an application. As of late 2025, this is approximately $3,580 (see list of fees here), although a reduced fee may be available in cases of financial hardship. Protection visa applicants are not required to pay the fee upfront.
Applicants may choose to represent themselves or engage a registered migration agent or legal practitioner. Given the technical nature of migration law and the importance of meeting procedural requirements, professional assistance is often beneficial, particularly in complex cases.
Review After the ART
If the ART affirms the original decision, further avenues of review are possible but may be limited. An applicant may seek judicial review in the Federal Circuit and Family Court of Australia. This form of review is confined to legal or jurisdictional errors and does not involve reconsideration of the facts or merits of the case.
If a legal error is established, the Court may set aside the Tribunal’s decision and return the matter for reconsideration. However, it will not substitute its own decision.
To have a decision appealed to the Federal Circuit and Family Court of Australia (FCFCoA), an application must be made within 35 days after the date of the migration decision.[2] Decisions from the FCFCoA can be appealed to the Federal Court of Australia,[3] and must be filed within 28 days of the judgment or order being made.[4] Appeal to the High Court is also a possible avenue.
Timeframes for Cases
The ART is intended to provide a more efficient review process than its predecessor. However, processing times vary depending on the complexity of the case, the type of visa involved and the Tribunal’s workload. Some matters may be resolved within several months, whilst others, particularly those involving complex factual or legal issues, may take significantly longer.
Statistics: Amount of cases and backlog
According to the ART Caseload Report for the period 1 July 2025 to 31 March 2026, the migration division is managing a high volume of cases with a significant backlog. During this period, there were 36,751 migration applications lodged, 16,309 finalised, and 77,135 cases still on hand (pending) at the period end.
The median time to finalise migration matters is 65 weeks, and only 41% of cases are completed within 12 months, meaning most applicants wait longer than a year. Timeframes vary depending on visa type, with more complex matters taking longer. For example:
- Family / partner visas: 127 weeks
- Student visas: 68 weeks
- Skilled visas: 75 weeks
In terms of outcomes, 37% of migration decisions are changed by the ART, meaning the decision is overturned or sent back to the Department. Success rates differ by visa type, with partner visas at 53%, student visas at 41%, and skilled visas at 37%.
Overall, these figures show that while the ART provides a genuine opportunity to challenge a decision, the process is often lengthy due to high caseloads, and outcomes depend heavily on the visa type and how well the issues in the original decision are addressed.
Final Thoughts
The ART plays a central role in Australia’s immigration framework by providing an independent avenue for reviewing visa decisions. It allows applicants to present new evidence and have their case reassessed in full, rather than being limited to the original decision-making process. However, access to review is strictly governed by legislation, and compliance with time limits and procedural requirements is essential. A well-prepared application, supported by relevant and timely evidence, is critical to maximising the prospects of a successful outcome.
[1] s 347 (1)(3)(a)-(b) of the Migration Act
[2] as per s 477.
[3] as per s 24(1)(d) of the Federal Court of Australia Act 1976 (Cth)
[4] as per rule 36.03 of the Federal Court Rules 2011 (Cth).
