Administrative Review Tribunal
If your visa application has been refused or your visa cancelled by the Department of Home Affairs, you may be eligible to apply for a merits review at the Administrative Review Tribunal. The ART considers your case with fresh eyes — including new evidence not available at the time of the original decision.
Overview
What Is the Administrative Review Tribunal?
The Administrative Review Tribunal (ART) is an independent body that steps into the shoes of the original decision-maker and re-assesses your case with a fresh set of eyes. Unlike a court, the ART conducts a full merits review — meaning it considers all of the evidence, including new information that was not available to the Department at the time the original decision was made.
The ART may affirm the original decision, vary it, set it aside entirely, or remit the matter back to the Department with directions. While your ART review is pending, you may be eligible for a Bridging Visa that allows you to remain lawfully in Australia throughout the appeal period.
Key Features of ART Review
- Fresh merits review — The ART steps into the shoes of the original decision-maker and considers the case anew, not just whether a legal error was made.
- New evidence is permitted — Unlike judicial review, you may submit new evidence and documents that were not before the Department when the original decision was made.
- Outcomes available — The ART may affirm, vary, or set aside the original decision, or remit it back to the Department with directions.
- Bridging Visa protection — While your review is pending, you may be eligible for a Bridging Visa to remain lawfully in Australia during the appeal period.
- Time limit — 28 days — Most decisions must be reviewed within 28 days of receiving the notice. Some decisions carry a deadline as short as 9 days. The deadline cannot be extended.
- Judicial Review available — Where ART rights do not exist or have been exhausted, we can advise on and represent you in Judicial Review before the Federal Circuit and Family Court of Australia.
Jurisdiction
What the ART Can Review
The ART can review a wide range of migration decisions. Your decision letter from the Department will clearly state whether you have review rights and which body handles the review.
Refusal or Cancellation of Visa
Most visa types — including student, partner, skilled, and visitor visas — can be reviewed by the ART if refused or cancelled by the Department of Home Affairs.
Protection Visa Decisions
Refusal or cancellation of protection visas, including Subclass 866 onshore protection applications, can be reviewed at the ART under the Migration and Refugee Division.
Character-Based Decisions (Section 501)
Refusal or cancellation of visas on character grounds under Section 501 of the Migration Act. These decisions carry the shortest review deadline — often as little as nine days.
Nomination & Sponsorship Refusals
Refusal to approve a nomination or sponsorship — including employer-sponsored nominations under the SC 482 or SC 186 programs — may be reviewable at the ART.
Citizenship Refusals
Refusal or cancellation of Australian citizenship applications can also be reviewed at the ART in certain circumstances, depending on the grounds for the original decision.
Check Your Decision Letter
Your Department of Home Affairs decision letter will clearly state whether you have review rights and which body — ART, Federal Court, or otherwise — handles the review of your specific decision.
Let down by another agent? We can help!
Fixed price
There are no hidden costs for our services as our fees are clearly set out in a cost agreement.
Deal directly with a lawyer
From the first same-day response to the final outcome whether at the ART or Federal Court you will have direct access to our Principal Solicitor with over 21 years of legal experience.
Clear communication
Our experienced migration lawyers will give you regular updates and clear explanations of visa pathways.
Installments available
3-6 month instalment options are available on some visa types and visa applications.
Suitability
ART Review Cannot Help If…
You have missed the review deadline — the Tribunal has no power to extend it, regardless of the reason for the delay or the merits of your case.
Your decision letter states no review rights exist for your particular visa type or decision — not all Department decisions are reviewable at the ART.
The decision was made by the Minister personally under a non-compellable power — personal Ministerial decisions under certain sections of the Migration Act are not subject to ART review.
You are seeking a review of a decision that is already before the Federal Court — merits review and judicial review are separate processes that cannot run simultaneously for the same decision.
BOOK A CONSULTATION
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Australian visas - what you need to know
Some of the most common types of visas for people looking to migrate to Australia:
- Partner visas: These can include visas for your fiancé, married, or de-facto partner.
- Family visas: These visas can include adoption, carer, dependent relative, and more.
- Parent visas: The requirements for each parent visa type differ; there are key eligibility requirements that apply to all applicants.
- Work and skilled visas: These can include temporary and permanent visas for both regional and metropolitan areas. These are online temporary visas.
- Protection visas: These can allow you to stay in Australia if you fear returning to your home country.