Administrative Review Tribunal
The ART known as the Administrative Review Tribunal (ART), reviews decisions made by administrative authorities under commonwealth legislation. For migration purposes, the ART reviews decisions made by the Department of Home Affairs, under the delegation of the Minister of Home Affairs, Immigration and multicultural affairs specifically those related to visa refusals and cancellations. If your visa is refused or cancelled while you are in Australia, you often have the right to seek a review of this decision by the ART. If your visa is refused, you are provided a notification of refusal by the Department which will inform you whether you have review rights or not. The right to review provides you the opportunity to represent your case, provide additional evidence and arguments to support your position on the matter.
- The Administrative Review Tribunal Act 2024 commenced on 14 October 2024, introducing significant reforms to Australia’s federal administrative review system.
As part of these reforms, the Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal.All applications that had been lodged with the AAT were automatically transferred to the new Tribunal, ensuring continuity of review for pending matters.
- The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 was finally passed by both Houses on 5 February 2026 which made ammmendments to the Administrative Review Tribunal Act 2024 and the Migration Act 1958.
As a result, most applications made to the Administrative Review Tribunal (ART) relating to decisions on temporary visas will now be determined without a hearing, with matters generally decided through a paper-based review process.
Eligibility criteria for ART appeals
- Have rights to review the decision that was made
- Be refused or cancelled a visa from the Department of Home Affairs
- Be subject to an administrative decision that can be a reviewed at the ART
- Lodge within the stipulated time frame
Let us help you navigate the legal complexities of the ART process.
We will ensure your ART process is hassle free
ART process
Let us help you lodge an Administrative Review Tribunal application
Lodging the appeal
The review process starts with the submission of the application to the ART. The application can be submitted online through the ART’s official website. We will prepare your appeal form and submit it on your behalf. Following the lodgement of the application to appeal, we at MJ Legal will draft and provide a submission to the ART including all the necessary documents to support your case.
Once the application is submitted, you will be notified of the hearing date the mode of your hearing in advance, if you are eligible. Following the new ammendments that were introduced on 5 February 2026, most of the reviews relating to temporary visas will be determined on paper, without a hearing . We as immigration lawyers will represent you at the hearing if you are given a hearing. We will present your case effectively by navigating the legal complexities of your matter and any questions the tribunal members may have, with precision and confidence.
The tribunal will review your case with the presented evidence and make a decision. Our lawyers will argue and present a strong case on your behalf to increase your chances of receiving a successful outcome. If the decision is reversed, your case will be referred back to the Department of Home Affairs to be made again. If the ART affirms the decision, you can seek judicial review of your matter.
Your steps
Let us take youu through the ART process
You can book a consultation with our lawyer and discuss your circumstances in detail and the reasons for your visa refusal. You will be able to get all your questions regarding your visa refusal answered at the consultation. Our lawyers will also advice you on the best course of action in relation to the ART application as well as alternative steps you can take while your ART application is being processed .
Preparing your case
Our lawyers have expert knowledge of the Migration laws, regulations and policies. We will go through your visa refusal or cancellation letter, the relevant statutory instruments and legal precedents to find a solution for your predicament. Our lawyers will conduct in-depth legal research to develop legal arguments to support your appeal.
Document preparation
We will let you know the documents that will be required to support your appeal. We will ensure that the documents are set to the standards set out by the ART. We will prepare detailed submissions addressing the reasons for the initial decision by the Department and make statements supporting the appeal.
Lodge the application.
We will handle the application lodgment carefully and in compliance with the strict timelines imposed by the ART.
Representation and Advocacy
We will professionally represent you before the Administrative Review Tribunal if a hearing is granted, or through detailed written submissions where the matter is determined on the papers. We will present submissions where required and respond to any queries raised by the Tribunal on your behalf.
Post hearing support
After your hearing or your written submission to the ART, we will keep in touch with you to inform you on the status of your review. We will also provide you with guidance on the next steps that you can take depending on the decision of the review.
Guidance on Permanent Residency pathways
We will advise you on the steps that you can take while your ART application is being processed. While you may face several complexities due to the refusal decision made by the Department, we will provide tailored advice on how you can maintain your lawful status and present you with other options for you to obtain permanent residency.
Book a consultation to discuss your Administrative Review Tribunal matter
FAQs
Find answers to commonly asked questions
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