Old AAT rules versus the ART
The ART replaced the AAT on 14 October 2024, and the old 21-day deadline for visa refusal reviews no longer applies. If a page quotes 21 days, or 7 days in detention, it is out of date.
If a web page tells you that you have 21 days to ask for review of a visa refusal, it is out of date. The Migration Act now sets one rule for reviewable migration and protection decisions: apply to the ART within 28 days of being notified, or 14 days if you were in immigration detention on that day. The 28-day rule has applied since 14 October 2024, and the 14-day detention period since 21 February 2025.
Pages written before those changes may still show the old figures. This guide explains what changed so you can recognise them.
What happened on 14 October 2024
The Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal on 14 October 2024. The ART says that if you submitted an AAT application on or before 13 October 2024, you did not need to do anything, because the case was transferred automatically. AAT decisions remain valid and final, subject to any appeal to a court.
The Immigration Assessment Authority, which reviewed fast track protection refusals, was abolished the same day. Cases still active there moved to the ART, and its earlier decisions remain valid and final.
The old time limits compared with now
| Decision | Before 14 October 2024 | Now |
|---|---|---|
| Refusal of a visa applied for in Australia (s 338(2) or (7A)) | 21 days after receiving notice | 28 days after being notified |
| Cancellation of a visa (s 338(3) or (3A)) | 7 working days | 28 days after being notified |
| Sponsor or relative reviews (s 338(5) to (8)) | 70 days | 28 days after being notified |
| Person in immigration detention | 7 working days | 14 days after being notified |
Old figures: Migration Regulations 1994, reg 4.10, compilation in force on 12 October 2024. Current figures: Migration Act 1958, s 347(3). Old regulation 4.10 no longer appears in the current Regulations.
Two points are easy to miss. First, the old rule counted from when you received notice; the current rule counts from the day you are notified. Deemed receipt rules for posted and emailed letters are in the Act; see how the 28 days is counted. Second, the detention figure has changed. It was 7 working days under the old regulation, and the Act's own figure was 7 days until an amending Act took effect on 21 February 2025 and replaced "7 days" with "14 days" in section 347(3)(a). A page quoting 7 days for detention is out of date.
Extensions and fees now
The ART cannot extend the deadline for these reviews. Section 347(5) of the Act says the ART's general extension power does not apply, and the ART says it has no power to extend the time limit. The fee for most migration reviews is now A$3,727 (indexed each 1 July). This site has not checked the old AAT fee figures, so it does not compare them. See the ART application fee explained.
How to check any page you find
Look for the date of the page, the tribunal it names (AAT or MRT means old), and whether it quotes 21 days, 7 working days or 70 days. Then compare it with your own decision letter, which must state the time in which an application for review may be made. See the 28-day deadline and what your decision letter states.
This comparison is general information, not legal advice or immigration assistance. An older web page is no guide to a current deadline: section 347(3) sets the period, and the decision letter must state it.
Where this came from
- ART, Administrative Appeals Tribunal (checked 16 October 2026).
- Migration Regulations 1994, reg 4.10 as at 12 October 2024 (checked 16 October 2026).
- Migration Act 1958, s 347 (checked 16 October 2026).
- Administrative Review Tribunal (Miscellaneous Measures) Act 2025, Schedule 2 (checked 16 October 2026).
- ART, Immigration Assessment Authority (checked 16 October 2026).