Administrative Reviews Tribunal (“ART”) is an independent merits review tribunal that reviews the Department of Home Affairs’ decisions within its jurisdiction. The ART, in its merits review process, will reconsider the facts, law, and policy aspects of the original decision. ART also has powers to review new information unavailable to the original decision-maker.
If you have received a visa refusal, you can either:
If your offshore visa was refused, you might not (further assessment is required to confirm this) have any ART review rights. In this case, you may need to lodge another application with additional supporting evidence with legal submissions addressing the refusal.
If your visa refusal/cancellation falls within the jurisdiction of ART, the tribunal is within its power to review this decision. The ART has a range of powers to review decisions made under the Migration Act 1958 to:
To be eligible for the appeal process, you must:
When the ART reviews a decision, ART can choose to affirm, vary, set aside or remit the decision.
Step 1: Create an ART Action Plan
Our Registered Migration Agents will carefully review your visa refusal or cancellation letter to understand exactly why your visa, nomination, or sponsorship was declined.
We’ll then meet with you to talk through what went wrong — and from there, we’ll create a clear, personalised Action Plan for your ART (Administrative Review Tribunal) case. This plan will outline your best next steps and how we can support you in working toward a successful outcome.
STEP 2: Lodge your ART Application
Once your ART Action Plan is complete, our Migration Agents will help you prepare and lodge your review application before the deadline.
After it’s submitted, the Administrative Review Tribunal (ART) will send us an acknowledgement letter confirming receipt of your application.
Step 3: Build and Submit Your ART Case
After lodging your ART application, our Registered Migration Agents will begin preparing a strong legal submission in response to the Department’s reasons for refusal or cancellation.
This submission will outline:
A detailed summary of your case
The specific reasons for the Department’s decision
Relevant Migration Regulations involved
Supporting facts and context that clarify your position
Any applicable policy or case law that strengthens your case
We’ll also include any new evidence or updated information that may help the ART reassess your application and make a fair decision.
Step 4: Prepare for Your ART Hearing
Once the Administrative Review Tribunal (ART) receives your application, it will be assigned to a Tribunal Member who will review your documents and submissions before scheduling a hearing.
As soon as a hearing date is confirmed, we’ll organise a case conference with you. During this session, we’ll walk you through what to expect, help you prepare your responses, and ensure you feel confident and supported heading into the hearing.
Step 5: Attend Your ART Hearing
Your ART hearing is your opportunity to explain your story, present supporting information, and respond to the Department’s decision.
The hearing is usually informal and will be conducted by a single Tribunal Member, who will begin by explaining how the session will run. You may be asked to take an oath or affirmation to confirm you’ll speak truthfully.
If you have any witnesses, they may also be asked to give evidence. Both you and the Tribunal Member will have a chance to go over the key points of your case.
The length of the hearing can vary, but most are completed within 2–3 hours.
Step 6: Await the ART Decision
After your hearing, the Tribunal Member may either:
Request additional documents to support your case, or
Make a decision — either at the end of the hearing or in writing, usually within two months.
The Administrative Review Tribunal (ART) can make one of the following decisions:
Affirm the decision: The original refusal or cancellation stands.
Vary the decision: The decision is changed in some way.
Set aside the decision and substitute a new one: The original decision is overturned and replaced with a new outcome.
Set aside and remit the decision: The case is sent back to the Department of Home Affairs to reconsider, usually with guidance from the Tribunal.
We’ll keep you updated every step of the way and explain what the outcome means for your next steps.
The ART application fee is $3,496 (as of 01 July 2024).
There is no fee if you apply for review of:
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
