The ART dismissed my case but I think they ignored important evidence. Can I appeal?

If the ART failed to consider relevant evidence, that may constitute a jurisdictional error and be a valid ground for judicial review. I would need to review the ART's decision record and your submissions to assess whether this ground is arguable.

How much does a Federal Court appeal cost?

Costs vary depending on the complexity of the case. Court filing fees are set by the court, and legal fees depend on the work involved. I can provide a cost estimate after reviewing your case. In some cases, if you win, the other side may be ordered to pay some of your costs.

I cannot afford a lawyer for my ART hearing. What are my options?

There are some organisations that provide free or low-cost legal assistance for immigration matters, including community legal centres and the Refugee Advice and Casework Service (RACS). However, these services have limited capacity. I offer a $97 initial consultation to assess your case and provide advice on your options.

Administrative Review Tribunal (ART): A Complete Guide

The Administrative Review Tribunal (ART) is the primary body that reviews immigration decisions made by the Department of Home Affairs. If your visa has been refused or cancelled, the ART is usually your first avenue of appeal.

What Is the ART?

The ART was established in 2024, replacing the former Administrative Appeals Tribunal (AAT) and the Migration Review Tribunal (MRT). It reviews decisions on their merits — meaning it considers the decision afresh and can substitute a different decision.

When Can You Apply to the ART?

Your visa application has been refused by the Department of Home Affairs
Your visa has been cancelled by the Department
You have received an adverse decision on a nomination or sponsorship

Not all decisions are reviewable. Some decisions — such as those made personally by the Minister — are not subject to ART review.

Time Limits for Lodging

These deadlines are strict and cannot be extended. If you miss the deadline, you lose your right to ART review.

How to Apply

Lodge your application online through the ART website or by paper form
Pay the application fee (from 1 July 2026 $3,727 for migration matters — a partial refund applies if the review succeeds — check the current refund rules on art.gov.au)
Provide your contact details and the decision you are seeking to have reviewed

What to Expect at a Hearing

Before the Hearing

You will receive a hearing invitation with the date, time, and location
You may submit additional evidence and submissions before the hearing
You can request an interpreter if needed

At the Hearing

The hearing is relatively informal — it is not like a court
The Tribunal member will ask you questions about your case
You can have a legal representative present (and I strongly recommend it)
The hearing usually lasts 1 to 3 hours depending on the complexity

After the Hearing

The Tribunal will issue a written decision — this can take several weeks to months
If the Tribunal affirms the original decision, you may be able to seek judicial review
If the Tribunal remits the decision, it goes back to the Department for reconsideration
If the Tribunal sets aside the decision, it substitutes its own decision

Tips for a Strong ART Case

Lodge early — do not wait until the last day
Provide comprehensive submissions — explain why the original decision was wrong
Organise your evidence — make it easy for the Tribunal to find what it needs
Be honest and consistent — inconsistencies will undermine your credibility
Get legal representation — the success rate is significantly higher with professional help

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