When a Home Affairs decision goes against you, the Administrative Review Tribunal is usually your next move — and its Migration and Refugee jurisdiction is where most immigration reviews are decided. But the Tribunal runs on the right form, the right fee and, above all, the right deadline. Miss the last of those and the first two never matter.
Here is the map of the ART's migration and refugee review, from someone who appears there.
What the Migration and Refugee jurisdiction is
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal in October 2024. Its Migration and Refugee jurisdiction conducts merits review — a fresh look at reviewable migration and protection decisions made under the Migration Act 1958 (Cth). The Tribunal can affirm, vary, or set aside and substitute the decision, or send it back with directions.
Merits review is not the same as going to court. The Tribunal re-decides the case on its facts and merits; a court, later, only reviews for legal error. Getting the Tribunal stage right is therefore your best and fullest opportunity.
The forms — pick the right one
The ART uses short-code forms, and choosing correctly matters:
- Form M1 — Application for review, migration, for persons not in immigration detention (and for organisations).
- Form M2 — the migration review form for persons in immigration detention, which runs on much tighter timeframes.
- Form R1 — Application for review, refugee (protection visa decisions and protection findings).
- B1 — Application for review of certain bridging (removal pending) visa decisions.
- Form MR5 — how you appoint your representative at the Tribunal (your Home Affairs Form 956 does not carry across), with MR6 for a change of contact and MR1 for a registered migration agent's section 312B notice.
The deadlines — strict, and by decision type
This is where cases are won or lost before they begin. ART application periods are set by law and vary by the type of decision, and for most migration and protection decisions the Tribunal cannot extend them.
As a guide only — your decision letter governs, not this page:
- Many migration decisions (such as an onshore visa refusal) carry a period commonly around 28 days from notification.
- Detention and certain bridging-visa decisions run on drastically shorter periods — sometimes only a few working days.
- Protection decisions carry their own periods, again shorter where the person is in detention.
The single most important sentence I can give you: read the deadline in your decision letter the day it arrives, and lodge within it. You can build your evidence after lodging. You cannot recover a missed deadline.
The fees — from 1 July 2026
The fees changed on 1 July 2026, and they differ sharply between migration and protection:
- Migration review (M1 / M2): $3,727. The fee may be reduced by 50% on financial-hardship grounds, and a partial refund applies where the review succeeds.
- Protection review (R1): generally no fee to lodge, with a fee of $2,293 payable only if the review is unsuccessful.
Always confirm current fees on art.gov.au, as they are indexed. The wider fee picture — including the visa charges behind the original application — is collected on the Form 990i fee page.
Who can represent you
At the Tribunal you may be represented by a registered migration agent or by an Australian lawyer who holds a practising certificate — distinct capacities, and the Tribunal asks you to identify which applies. I appear as an Australian legal practitioner, which brings legal professional privilege and the ability to run the legal issues a review can turn on. Representation is recorded on Form MR5.
What comes before, and after
Before the Tribunal is the original Home Affairs decision. After it — if the Tribunal cannot help and its decision involves a legal error — comes judicial review in the Federal Circuit and Family Court, and, at the very end, ministerial intervention. Each stage has its own strict clock. You can read how I run the whole visa appeal pathway.
If you have a decision in hand, do not spend your deadline researching. Book a $97 10-minute chat with me and I will make sure the right form is lodged, in time.
Frequently asked questions
Which ART form do I use for a migration review?
Form M1 if you are not in immigration detention (or you are an organisation), and Form M2 if you are in immigration detention. Protection decisions use Form R1.
What is the deadline to apply to the ART?
It is set by law and varies by decision type, and for most migration and protection decisions it cannot be extended. Many migration decisions carry a period around 28 days, while detention and some bridging-visa decisions are far shorter. Your decision letter states your deadline — act on it immediately.
How much are ART migration and refugee review fees from 1 July 2026?
Migration review (M1/M2) is $3,727, with a 50% hardship reduction and a partial refund if you succeed. Protection review (R1) generally has no fee to lodge, with $2,293 payable only if the review is unsuccessful.
Does my Form 956 lawyer represent me at the ART?
No. Your Home Affairs Form 956 does not carry across to the Tribunal. You appoint your representative at the ART on Form MR5.
What happens if the ART affirms the decision against me?
If the Tribunal's decision involves a legal error, you may be able to seek judicial review in the Federal Circuit and Family Court within 35 days. Ministerial intervention is a separate, last-resort pathway.
Facing an ART deadline? I appear for applicants across the Migration and Refugee jurisdiction nationwide from eight locations. Book your $97 10-minute chat — or if you are ready to engage, start at myvisa.com.au/work.