ART appeal lawyer: what to check before you hire one

Who can lawfully charge to represent you at the Administrative Review Tribunal, how to confirm a lawyer holds a practising certificate, and what a fair agreement should cover.

You can hire a lawyer for a review at the Administrative Review Tribunal (ART), but you do not have to. The ART says you can deal with it directly, or you can arrange a registered migration agent or an Australian lawyer who holds a practising certificate. Only those two groups can lawfully ask you to pay a fee for representing you.

Strictly, the ART gives a fresh merits review of the decision rather than hearing an "appeal" on a point of law, but people search for both. This page is about who you might hire, not whether your decision can be reviewed. Your decision letter from Home Affairs states that (see check your decision letter).

Who can represent you, and who can charge

Home Affairs puts it plainly: in Australia, only registered migration agents and legal practitioners can lawfully charge for immigration assistance. Asking for a fee without being one of them is an offence carrying up to 10 years' imprisonment under the Migration Act. If you are weighing the two types of professional, read migration agent vs migration lawyer.

A registered migration agent, listed on the OMARA Register.
An Australian lawyer who holds a practising certificate (a legal practitioner).
A close family member (spouse, child, parent, brother or sister), or the person nominating or sponsoring you. They can represent you, but they cannot lawfully charge.

What a representative can do at the ART

The ART lists four things a representative can do: communicate with the ART for you, give written evidence and submissions, ask for access to review documents, and attend a hearing with you. Once you appoint one, they also become the person who receives the ART's correspondence. Some reviews are decided without a hearing at all, such as most student visa refusal reviews.

The ART cannot recommend a particular lawyer or agent, and it cannot pay for one.

How to confirm a lawyer is a practising lawyer

Home Affairs describes a legal practitioner as a lawyer who holds an Australian legal practising certificate, restricted or unrestricted, granted under a state or territory law. Lawyers generally do not appear on the OMARA Register of migration agents, so a Register search will not find them. That is not a warning sign. Check a lawyer with the state or territory legal professional body instead. Home Affairs points to the Law Council of Australia's directory and those bodies as places to look.

If you are considering a registered agent instead, search the OMARA Register by name, business name or MARN. OMARA says that a correct search with no result means the person is not registered, and that you should check even when someone recommends the agent. Step-by-step instructions are in how to check a migration agent is registered.

What a lawyer cannot promise

Home Affairs says a legal practitioner cannot fast-track processing or guarantee you a visa. It goes further for anyone offering immigration help: a provider who says they can fast-track or guarantee a visa "is lying and may be trying to scam you." A promised result is therefore a warning sign, whoever makes it.

Fees: the lawyer's fee and the ART fee are separate

No official source publishes a fee range for migration lawyers or agents. The Law Council's directory says lawyers generally charge either a fixed fee or a time-based fee. For lawyers in New South Wales, Victoria and Western Australia, a Legal Services Council information sheet (July 2022) says costs must be fair and reasonable, that a written estimate is required for work likely to cost over A$750, and that an estimate is not a quote. That threshold may have changed since, so ask the lawyer to confirm the current rule where you live.

The ART's own fee is on top. For a review of most migration decisions it is A$3,727 (from 1 July 2026), and it must be paid before your deadline for applying. A 50% reduction may be granted on financial hardship grounds. Protection and character reviews have different fees; see the ART application fee explained. Ask whether any quote includes the ART fee.

Questions to put in writing before you sign

Which stages does the agreement cover: the ART application, written submissions, the hearing, and anything after the decision?
Is the amount a fixed fee or an estimate, and does it include GST and other costs?
Who will actually do the work, and who will attend the hearing?
What happens to payments you have made if the matter ends early?
Which regulator handles complaints about this lawyer?

If something goes wrong, and where free help sits

Complaints about a lawyer go to the legal services authority of the state or territory where they are registered. OMARA cannot consider complaints about lawyers. Home Affairs says complaining about your lawyer will not affect your visa application.

Legal aid commissions and community legal centres may be able to help with a review, and the ART keeps a list of them. See free and low-cost help after a visa refusal and representing yourself at the ART. Before you decide, read questions to ask before hiring a migration agent, because most of them apply to lawyers too.

Before you hire anyone

Finding a lawyer takes time, and the ART cannot extend the time limit for most visa refusal and cancellation reviews. Your decision letter states your own time limit. Everything above is general information about hiring, not legal advice on your case.