Administrative Review Tribunal (ART)

What is the Administrative Review Tribunal (ART)?

The Administrative Review Tribunal (ART) is Australia’s new independent review body for government decisions, including visa and citizenship matters. It replaced the former Administrative Appeals Tribunal (AAT) in October 2024.

If your visa has been refused or cancelled, or your sponsorship or nomination has been rejected, you may be eligible to lodge an appeal to ART. This allows your case to be reconsidered by an independent Tribunal Member.

What Decisions Can Be Reviewed by ART?

The ART can review many decisions made under the Migration Act 1958, including:

  • Visa refusals (student, skilled, partner, visitor, parent)

  • Visa cancellations (including under section 501 for character)

  • Bridging visa refusals

  • Sponsor or nomination rejections

  • Citizenship refusals or revocations

 
Not all decisions are reviewable. Your decision letter will indicate whether you have ART review rights.

Who Can Apply for Review?

You may be eligible to apply if:

  • You are the visa applicant, visa holder, or a related sponsor

  • The decision is one that can be reviewed under law

  • You apply within the legally required time frame

Time Limits to Apply for Review

Situation Deadline to Lodge Review
If you are in immigration detention 7 calendar days
For all other decisions 28 calendar days

⚠️ These timeframes are strict. Late applications are only accepted in limited and exceptional circumstances.

ART Review Process

  1. Lodge your ART application within the deadline (online or by post)
  2. Submit supporting evidence and legal arguments
  3. Attend a hearing (if required) and present your case
  4. Wait for the outcome – the Tribunal will write to you with its decision

What Can the ART Decide?

After reviewing your case, the Tribunal has the authority to:

  • ✅ Affirm the decision – agree with the Department and leave the original decision unchanged

  • ✏️ Vary the decision – make an adjustment or change to the original decision (where permitted)

  • ❌ Set aside the decision – disagree with the original decision and replace it with a new one

  • 🔁 Remit the decision – send the case back to the Department for reconsideration with directions

Can I Stay in Australia During the Review?

Yes. Most ART applicants will be granted a Bridging Visa, which allows them to remain lawfully in Australia while the review is being processed. Conditions vary and must be followed closely (e.g. work restrictions, reporting requirements).

Common Review Scenarios

  • Student visa refusal due to Genuine Temporary Entrant (GTE) concerns

  • Skilled visa refusals due to points test or documents

  • Partner visa refusal due to relationship genuineness doubts

  • Visa cancellations for character issues (s501)

  • Nomination refusals in employer-sponsored applications

  • Citizenship denial due to residency or character concerns

ART Review Outcomes

Outcome What It Means

  • Affirmed: The original decision stands and remains in effect

  • Varied: The decision is modified in a limited way

  • Set Aside: The original decision is cancelled and replaced with a new one

  • Remitted: The matter is returned to the Department to make a new decision

Frequently Asked Questions (FAQs)

1. What is the ART and what does it do?

The ART is a national independent tribunal that reviews decisions made by the Department of Home Affairs, including visa refusals and cancellations. It replaced the AAT in 2024.

Yes, if your refusal letter states that you have review rights. You must apply before the deadline.

You have 7 days if you’re in detention, and 28 days for most other decisions.

In most cases, yes. A Bridging Visa can allow you to remain lawfully in Australia until the decision is made.

It’s not mandatory, but using a registered migration agent or immigration lawyer improves your chances by ensuring proper submissions and hearing preparation.

If your review is unsuccessful, you may seek Ministerial Intervention or consider judicial review if a legal error occurred.

Yes. Unlike court proceedings, ART allows fresh documents and information to be presented during the review.

📞 Need Help With Your ART Appeal?

If you’ve received a visa refusal or cancellation, time is critical. At Abbasi Migration & Citizenship Services, we assist with every step of the ART process – from preparing your application and submissions to guiding you through hearings.

Start Your Migration Journey Today

Ready to take the next step toward a new life in Australia? Book a personalized consultation with our expert migration advisors. Whether you’re applying for a student visa, skilled migration, or family sponsorship — we’ll guide you every step of the way.

Book Apointment

Copyright © 2025 All Rights Reserved