ART decision outcomes explained

The ART can affirm a decision, vary it, or set it aside and either substitute a new decision or send the matter back to the Department. In migration reviews, sending a matter back is limited to prescribed matters.

The ART has four possible outcomes under section 105 of the ART Act 2024: it can affirm the decision, vary it, set it aside and make a new decision in its place, or set it aside and send the matter back to the Department to reconsider. In migration reviews the last option is limited: the Migration Act (section 349) allows setting aside and remitting only for a "prescribed matter" under the Regulations.

The ART's role is a fresh look at the merits. It considers whether the visa should be granted or the decision should stand, on the evidence before it. Courts, by contrast, check for legal error; see judicial review after an ART decision.

What each outcome means in plain terms

Affirm: the Department's decision stands.
Vary: the ART makes an alteration to the decision.
Set aside and substitute: the ART replaces the decision with its own.
Set aside and remit: the matter goes back to the Department to reconsider in line with the ART's orders or recommendations.

How the decision is given

The ART may announce its decision orally at the end of the hearing, followed by a written statement with reasons. A copy of the decision is to be sent to you within 14 days after the day it is taken to have been made, although a failure to do so does not invalidate the decision (section 368A). Once the written statement is made the ART has no power to vary or revoke its decision (section 368).

A dismissal is different from an affirmation. If an application is dismissed, there is a process to ask for reinstatement within 28 days of notice, and a confirmed dismissal is treated as an affirmation (section 368C).

Fees and refunds by outcome

The ART says it refunds 50% of the fee paid if the decision is set aside or varied or the application is remitted to the Department. Its decisions factsheet states that an application fee cannot be refunded where the ART affirms the decision. For protection reviews, the A$2,293 fee is payable only if the review is unsuccessful. See ART application fee explained.

Where to find past outcomes

The ART publishes caseload statistics on its website, including how many migration applications ended with the decision changed, affirmed, withdrawn or closed for another reason. Those figures describe cases already finalised in a period and say nothing about any individual case. The ART asks that anyone wanting to re-publish its caseload reports contact it first, so this site links to the reports rather than repeating their numbers. See the ART's statistics pages through the ART website.

After an outcome

What happens to a bridging visa depends on the outcome. The ART's factsheet (October 2024) says that if the ART remits the decision, the bridging visa remains in effect, and that if it affirms, a bridging visa granted on or after 19 November 2016 ceases 35 days after the ART's decision. It says anyone seeking judicial review should apply for another bridging visa before the current one ceases. Check the current factsheet and your own visa documents. See bridging visas while you seek review.

Judicial review in the Federal Circuit and Family Court must be applied for within 35 days of the date of the ART's decision, and the court can extend that only where it is necessary in the interests of the administration of justice (section 477). See judicial review after an ART decision and ministerial intervention explained.

What an outcome means for a particular person is in the ART's written decision and is a question for a registered migration agent or Australian lawyer, not this site.