Understanding Visa Appeals in Australia and the Administrative Review Tribunal (ART)

Receiving a visa refusal or cancellation notice from the Department of Home Affairs can be extremely stressful — but you may still have options. One of the most important pathways for review is through the Administrative Review Tribunal (ART), Australia's independent body for reviewing migration decisions.

What Is the Administrative Review Tribunal (ART)?

Established in 2024, the Administrative Review Tribunal (ART) replaces the former Administrative Appeals Tribunal (AAT) and Immigration Assessment Authority (IAA). It is now the central body for reviewing a wide range of decisions made by the Department of Home Affairs, including:

• Visa refusals

• Visa rejections

• Character-related decisions

• Citizenship application refusals

  
  

The ART is made up of two key divisions:

• Migration & Refugee Division – Handles most visa refusal matters

• General Division – Deals with character cancellations and citizenship refusals

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Applying for Visa Appeals in Australia

If you wish to challenge an immigration decision, you must apply within the strict time limits stated in your decision letter. The ART has no authority to extend these deadlines.

1. Lodge Your Application

You must submit your appeal to the ART within a strict time limit — in some cases, as little as 2 days, but generally 28 days. Lodging online is the fastest and most reliable method.

Be sure to upload supporting documents, including:

• The refusal or cancellation letter

• The decision record from the Department of Home Affairs

• Any other required documents

  
  

2. Confirmation Letter

Once lodged, you’ll receive an acknowledgement letter from the ART confirming your appeal application.

3. Prepare Your Case

This step involves gathering:

• A written statement explaining your situation

• Supporting evidence (e.g., medical documents, character references, academic records)

• Details of witnesses

• Relevant legal arguments

A migration agent or lawyer can help you strengthen your case with expert advice.

4. Hearing Invitation

The ART will send you an invitation to attend a hearing. You’ll need to:

• Confirm your attendance

• Request an interpreter if needed

• Provide details of any witnesses attending

In some cases, the ART may make a positive decision without a hearing — but this is rare.

5. Attend the Hearing

The hearing is your chance to present your case in person. You may:

• Be questioned by the ART member

• Submit further documents

• Bring witnesses

• Have your migration agent or lawyer represent you

6. Post-Hearing Requests

Sometimes the ART may ask for more documents after the hearing. Be prepared to provide extra information such as:

• Updated medical records

• Letters of support

• Additional legal clarification

  
  

7. Receive a Decision

The ART will assess your case based on:

• All documents submitted

• The hearing

• The original Department decision

Most decisions take several weeks or months — but can take up to 2 years in some cases.

What Decisions Can the ART Make?

The ART can:

• ✅ Affirm the decision – The original decision remains unchanged

• ✅ Vary the decision – The outcome is slightly altered

• ✅ Set aside the decision – The ART disagrees with the original decision

• ✅ Remit the case – The Department must make a new decision based on the ART’s findings (this often means your appeal was successful)

If your appeal is unsuccessful, you may still be able to escalate the matter to the Federal Circuit Court or Federal Court of Australia.

If your visa has been refused or cancelled, don’t delay.

Book a consultation with one of our registered migration agents today to discuss your options and start your appeal process with confidence.

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