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?
You can apply to the ART if:
- 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
| Situation | Deadline |
|---|---|
| Visa refusal (applicant in Australia) | 28 days from notification |
| Visa refusal (applicant outside Australia) | 70 days from notification |
| Visa cancellation under s.501 | 9 days from notification |
| Sponsorship/nomination refusal | 28 days from notification |
These deadlines are strict and cannot be extended. If you miss the deadline, you lose your right to ART review.
How to Apply
What to Expect at a Hearing
Before the Hearing
- You will receive a hearing invitation with the date, time, and location
Time limits apply — speak with Nilesh today.
Visa refusals and cancellations carry strict appeal deadlines. A 30-minute consultation can clarify your options before those windows close.
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- 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
How I Can Help
I have represented hundreds of clients at the ART (and its predecessor tribunals). I know what the Tribunal looks for and how to present your case effectively. I will prepare your submissions, gather evidence, and represent you at the hearing.
Book a consultation today from $97.
Practitioner Note — Nilesh Nandan
The ART is not a rubber stamp. I have seen the Tribunal substitute decisions in cases where the Department's original decision was plainly wrong — and I have also seen strong cases fail because the applicant was not properly prepared. Preparation and presentation are everything.
Need Expert Help with Your Visa Matter?
Nilesh Nandan has helped thousands of clients navigate complex immigration issues. Book a consultation to discuss your specific situation with one of Australia's most experienced immigration lawyers.
Questions & Answers
How much does it cost to apply to the ART?
The application fee for migration matters is $3,727 from 1 July 2026. However, a partial refund applies if the review succeeds — check the current refund rules on art.gov.au. If you are in financial hardship, you may be able to apply for a fee reduction.
Can I attend the ART hearing by video?
Yes, the ART offers video hearings in many cases. This is particularly common for applicants who are outside the city where the hearing is scheduled. You can request a video hearing when you lodge your application or at any time before the hearing.
What happens if I lose at the ART?
If the ART affirms the original decision, you may be able to seek judicial review in the Federal Circuit Court. Judicial review examines whether there was a legal error in the decision-making process. You have 35 days from the ART decision to lodge a judicial review application.