The ART review explained

The Administrative Review Tribunal (ART) looks at some visa decisions again and decides afresh whether the decision should stand. This article explains the stages, the possible outcomes and what the ART publishes about timing.

The Administrative Review Tribunal (ART) is the independent body that can review some decisions made by the Department of Home Affairs, including some visa refusals and cancellations. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Cases that were already with the AAT moved across automatically.

Not every visa decision can go to the ART. Whether yours can depends on the type of decision and your circumstances, and your decision letter should say. See check your decision letter and which visa refusals the ART can review.

What merits review means

The ART gives what is called merits review. In its own words, it provides a final independent merits review of visa and visa-related decisions made by officers of the Department of Home Affairs. In plain terms, the ART looks at the matter afresh. It decides whether the visa should be granted, or the decision should stand, based on the evidence before it.

That is different from court review. A court, such as the Federal Circuit and Family Court (Division 2), can only check whether the decision-maker made a jurisdictional error, which is a legal mistake of a particular kind. The court does not reconsider the facts. See judicial review after an ART decision.

The ART can inform itself as it sees fit and is not bound by the rules of evidence. It can look at new information that was not before the Department, and the ART invites you to give it any new information you think supports your case.

The stages of a review

The steps below are the general pathway. The details vary by decision type, so follow the letters the ART sends you.

Applying. You apply within the time limit, with any fee that applies, using the ART's online form (which it describes as the easiest and safest way), a paper form, or a letter with the required details. See [how to apply to the ART](/guides/how-to-apply-to-the-art/) and [the 28-day deadline](/articles/the-28-day-deadline/).
Documents. The Department sends the ART the decision and the relevant review documents. The ART calls these the T documents. You can ask the Department for access to the written material it gave the ART, and the ART practice direction tells applicants to ask early.
Case events. A review can include a directions hearing, which the ART describes as a brief hearing to deal with procedural issues. For many cases, including immigration cases, the ART says it cannot use informal processes such as conferences or conciliation for legal reasons.
Hearing. A hearing is usually before one Tribunal member. It may be in person, by video, by telephone or a mix, and there is no entitlement to a particular method. A representative of the Department does not attend migration hearings. The ART arranges and pays for an interpreter if you ask, and you cannot use a relative or friend as your interpreter.
Decision. The ART gives a written decision with reasons. It may announce the outcome orally at the end of the hearing, and the written statement follows.

Student visa refusals are decided on the papers

From 1 June 2026, the ART must decide most student visa refusal reviews without an oral hearing. The ART invites written submissions and evidence within a set period, and the Act says the applicant is not entitled to appear. The Migration Regulations list limited exceptions, including refusals on certain public interest criteria. If you do not respond in time, the review can be dismissed, and the ART cannot extend the response period. See student visa refusal review on the papers.

Possible outcomes

Under the ART Act, the Tribunal can affirm the decision, vary it, or set it aside. If it sets the decision aside, it can substitute its own decision, or in some cases send the matter back to the Department for reconsideration.

In migration reviews, sending a matter back is limited. The Migration Act disapplies the general power and allows it only for a prescribed matter in the regulations. The ART's fact sheet describes it as available for certain types of matters. For what each outcome means in practice, see ART decision outcomes explained.

Once the ART has made its decision, it has no power to vary or revoke it. A copy of the decision must be sent to you within 14 days after it is taken to have been made, but a late copy does not invalidate the decision.

What happens to the visa decision while you wait

The decision under review usually continues to operate during the review. The ART's practice direction says it cannot stay the operation of a reviewable decision in these cases. Applying for review does not by itself keep you lawfully in Australia. What your status is while you wait depends on whether you hold a bridging visa, which Home Affairs decides. See bridging visas while you seek review and what happens to your status after a cancellation.

The ART will automatically expedite a review where possible if you are in immigration detention, if you have applied for review of a visa cancellation, or if your case came back from a court. You can also ask for expedition in limited circumstances.

How long reviews have taken

The ART publishes processing times. For migration reviews finalised between 1 March 2026 and 31 August 2026, half were finalised within 1 year and 5 months from the day the application was lodged, and most (95%) were finalised within 2 years and 9 months from lodgement (ART processing times page, checked 16 October 2026).

That statistic covers migration reviews finalised in that six-month window. It excludes character and citizenship reviews. It describes cases that have already finished, and the ART calls its figures a guide only. It is not a prediction for any new application. Times differ a lot by category: the same page shows bridging reviews finalised much faster and partner reviews much slower than the overall figure. See how long ART reviews take.

Fees and help

Most migration reviews carry an application fee, which the ART's fee page sets out. See what an appeal costs. You can represent yourself, or be represented by a registered migration agent, an Australian lawyer with a practising certificate, a close family member, or the person nominating or sponsoring you. Only a registered migration agent or Australian lawyer can ask you to pay for representing you. See choosing a lawyer or migration agent and free and low-cost help.

After the ART decides

If you think the ART's decision is wrong in law, you may be able to apply to the Federal Circuit and Family Court within 35 days of the date of the decision. The court generally orders the unsuccessful party to pay the other side's costs, and the court itself says to seek legal advice as soon as possible. Separately, the Minister has a personal power to substitute a more favourable decision after an ART decision. You have no right to it, and the Minister does not have to consider a request. See ministerial intervention explained.

What this does not tell you

This article is general information, not legal advice or immigration assistance. It cannot tell you whether your decision is reviewable, whether you are in time, or how a review of your decision would turn out. Your decision letter states your review rights and time limit, and a registered migration agent, an Australian lawyer or a free legal service can look at your documents.