Administrative Review Tribunal (ART)

What Is an ART Review?

An ART review is an independent review of an eligible administrative decision.

The Tribunal conducts a merits review, which means it takes a fresh look at the relevant facts, law and policy and can consider new information where appropriate. Depending on the case, the Tribunal may:

• Affirm the original decision
• Change the original decision
• Set aside the original decision and substitute another decision
• Make another decision permitted by the applicable legislation

The ART is a tribunal rather than a court and operates through a less formal review process.

When Can the ART Review a Migration Decision?

The ART can review some, but not all, decisions concerning Australian visas made by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.

Potentially reviewable matters can include certain:

• Visa refusals
• Visa cancellations
• Sponsorship and nomination decisions
• Character-related visa decisions
• Protection visa decisions
• Other migration decisions specified by Australian migration law

The exact review rights depend on the decision, visa subclass and circumstances.

Visa Refusal and ART Review

Receiving a visa refusal does not automatically mean that you have an ART review right.

Your refusal notification should identify whether the decision can be reviewed and provide information about the applicable review process.

If review is available, strict time limits apply.

You should therefore obtain advice and check the refusal notification immediately rather than assuming that you have a long period in which to lodge an application.

Visa Cancellation and ART Review

Some visa cancellation decisions may also be reviewable by the ART.

Cancellation matters can be particularly complex because the available review rights depend on the legal provision under which the visa was cancelled.

If your visa has been cancelled, review the Department's cancellation notification carefully to determine:

• The reason for cancellation
• The legal provision used
• Whether the decision is reviewable
• Who can apply for review
• The deadline for lodging the review
• Whether any special requirements apply

Who Can Apply for ART Review?

The person entitled to apply depends on the type of decision.

For migration matters, the decision notification normally provides important information about the person who has review rights.

The ART has different application forms for different circumstances, including:

• M1 – Application for review – migration for people not in immigration detention and certain organisations
• M2 – Application for review – migration for people in immigration detention
• R1 – Application for review – refugee for most protection visa refusal or cancellation decisions
• B1 – Application for review – migration for certain Subclass 070 Bridging (Removal Pending) visa decisions

The correct application method depends on the decision being reviewed.

How to Apply for an ART Review

The ART states that the easiest and safest way to apply for a review is online.

Generally, you should:

Step 1 – Read the Department's Decision

Carefully read the visa refusal, cancellation or other decision notification.

Step 2 – Check Your Review Rights

Confirm whether the decision is reviewable by the ART.

Step 3 – Check the Deadline

Migration review applications can have strict statutory deadlines.

Step 4 – Prepare the Application

Provide the required information about the decision and the person seeking review.

Step 5 – Lodge the Review

Submit the application using the appropriate ART process.

Step 6 – Provide Supporting Information

Additional documents and information can generally be provided during the review process, subject to the applicable requirements and directions.

Step 7 – Respond to ART Requests

The Tribunal may request documents, information or submissions and may schedule case events.

Step 8 – Participate in the Review

Depending on the type of case, the matter may involve written submissions, case management, dispute resolution and/or a hearing.

Step 9 – Receive the ART Decision

The Tribunal will make its decision after considering the applicable material and law.

ART Review Time Limits

Time limits are extremely important.

The period available to lodge an ART review depends on the particular decision and applicable legislation.

Do not rely on a general number of days found on another website.

Instead, check the decision notification you received from the Department and obtain professional advice promptly.

If an application is lodged outside the applicable deadline, the ART may not have jurisdiction to review the decision.

What Happens After You Lodge?

After an ART review application is lodged, the Tribunal may contact the Department or other relevant parties and begin the review process.

Depending on the case, the next steps may include:

• Case management
• Requests for information
• Submission of documents
• A conference
• Conciliation or another dispute resolution process
• A hearing
• Written consideration without an oral hearing in cases where the legislation permits it

The ART provides information and directions explaining what parties need to do during their review.

Student Visa ART Reviews

There are important recent changes affecting student visa refusal reviews.

From 1 June 2026, the ART generally must decide reviews of student visa refusals without holding an oral hearing, subject to limited exceptions. For example, some student visa refusals based on public interest criteria or special return criteria may fall within an exception.

Therefore, applicants should not assume that every ART review will involve an in-person or telephone hearing.

What Evidence Can Be Provided?

Depending on the case, relevant evidence may include:

• Identity documents
• Passport and travel history
• Employment evidence
• Payslips
• Tax documents
• Qualification documents
• Skills assessment
• English test results
• Relationship evidence
• Sponsorship documents
• Financial evidence
• Character documents
• Medical evidence where relevant
• Previous visa applications
• Department correspondence
• Statements and explanations
• Other evidence relevant to the review

The evidence required depends on the reasons for the original decision.

Can New Information Be Provided?

The ART conducts a merits review and can consider relevant information in accordance with the applicable law and Tribunal procedures.

New evidence may therefore be important where it addresses the reasons for the original decision.

However, applicants should not simply submit large quantities of documents without explaining their relevance.

A structured submission should identify:

• The issue raised by the Department
• Why the original decision should be reconsidered
• The relevant evidence
• How the evidence addresses the decision-maker's concerns
• The relevant visa criteria or legal issues

ART Review Fees

ART application fees can apply to migration reviews.

The applicable fee depends on the type of review and current Tribunal fee arrangements.

Fees change from time to time, so applicants should check the current ART fee information before lodging rather than relying on an old fee published elsewhere. The ART confirmed that increased fees for most Tribunal cases took effect from 1 July 2026.

How Long Does an ART Review Take?

ART processing times vary significantly depending on the type and complexity of the case.

Current ART statistics show that for migration reviews finalised between 1 February 2026 and 31 July 2026, half were finalised within 1 year and 6 months, while 95% were finalised within 2 years and 10 months. Processing times varied substantially between categories.

These figures are historical processing statistics, not a guarantee of how long an individual case will take.

Applicants should avoid relying on a fixed processing-time promise.

Possible ART Outcomes

Depending on the powers available for the particular review, the Tribunal may:

• Affirm the original decision
• Set aside the decision
• Substitute another decision
• Make another decision authorised by the relevant legislation

The exact powers available depend on the type of decision under review.

What Happens If the ART Makes a Decision?

The ART will provide a written decision notification.

The notification will explain the outcome and, where relevant, any further review or appeal rights.

A party should carefully read the decision notification because not every ART decision can be appealed to a court or referred for further review.

In some circumstances, a Tribunal decision may be eligible for referral to the Guidance and Appeals Panel (GAP). This is only available for certain Tribunal decisions and the decision notification will indicate whether the case is eligible.

AAT vs ART

Many people still search for “AAT review” because the former Administrative Appeals Tribunal was widely known in Australian immigration matters.

The terminology has changed:

The AAT was replaced by the ART on 14 October 2024.

What Happened to Existing AAT Cases?

AAT applications that were lodged on or before 13 October 2024 and were still active when the ART commenced were automatically transferred to the new Tribunal.

The ART states that applicants generally did not need to take action simply because of the transition.

Decisions made by the former AAT before the ART commenced remain valid, subject to any applicable court appeal rights.

ART Review Is Not the Same as Court Appeal

An ART review is an administrative merits review.

A court proceeding is different.

The ART can reconsider the merits of an eligible decision, whereas judicial review by a court generally concerns legal issues such as whether the decision-maker acted within their lawful powers.

If you are considering further action after an ART decision, professional legal advice may be appropriate.

Why Professional Assistance Can Help

An ART review can involve detailed migration legislation, evidence and procedural requirements.

A professional review of your case can help identify:

• The actual reason for the refusal or cancellation
• Whether the decision is reviewable
• The applicable deadline
• Relevant visa criteria
• Evidence required to address the decision
• Inconsistencies in the original application
• Additional evidence that may be relevant
• Potential issues that could arise during the review

The objective should be to present your case accurately and clearly, based on the applicable law and evidence.

How The Visa Can Help With ART Reviews

At The Visa and Education Services Pty Ltd, we can assist with eligible Australian migration review matters before the Administrative Review Tribunal.

Our assistance may include:

• Reviewing your visa refusal or cancellation decision
• Checking available review rights
• Reviewing the ART deadline
• Assessing the reasons for refusal or cancellation
• Reviewing supporting evidence
• Identifying evidentiary gaps
• Preparing written submissions
• Organising supporting documents
• Assisting with ART application procedures
• Preparing you for relevant Tribunal events
• Explaining possible outcomes and next steps

Received a Visa Refusal or Cancellation?

If your Department of Home Affairs decision states that you have a right to seek ART review, act promptly.

Review deadlines can be strict, and waiting too long may affect your ability to obtain a review.

Registered Migration Agent: Navneet Kaur (MARN 2318181)

Contact The Visa and Education Services Pty Ltd for professional assistance with your Administrative Review Tribunal matter.

Disclaimer: This page provides general information only and is not legal or migration advice for an individual case. ART review rights, deadlines, fees and procedures depend on the type of decision and applicable legislation. Always check your Department of Home Affairs decision notification and current ART requirements before lodging a review.