Visa refusal & cancellation support

Administrative Review Tribunal (ART) Visa Appeals

If your visa has been refused or cancelled, the Administrative Review Tribunal can look at your case again and may change the decision. The ART is independent of the Department of Home Affairs. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Touseef Abbasi, Registered Migration Agent (MARN 2518930), helps clients lodge on time, build stronger evidence and prepare for the hearing.

Registered Migration Agent · Touseef Abbasi · MARN 2518930

Important: ART appeal deadlines can be very short.

For most decisions you have 28 days to apply, and as little as 9 or 14 days in some cases. The Tribunal usually cannot accept a late application. Call +61 418 841 225 as soon as you receive your decision letter.

Know the key details

ART review at a glance

Important information about migration reviews, deadlines, fees and possible next steps.

Application deadline

28 / 14 / 9 days

Depends on the decision type and your circumstances.

Application fee

AUD 3,727

From 1 July 2026; 50% refund if the decision is changed in your favour.

Staying in Australia

Often possible

Your bridging visa usually continues while the review is decided.

New evidence

Can be considered

The Tribunal looks at the case afresh and can consider new evidence.

Hearing timeframe

6–18 months

Hearings are often in person or by video.

If ART says no

35 days

Judicial review may be available, subject to legal requirements.

Understanding the tribunal

What is the Administrative Review Tribunal?

The ART is an independent tribunal that reviews many government decisions, including visa, sponsorship and citizenship decisions made by the Department of Home Affairs.

A Tribunal Member considers the facts again, including any new evidence you provide, and makes a fresh decision. This is called merits review. It is different from a court, which can only check whether the law was applied correctly.

The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Reviews that were still open at the AAT moved to the ART.

How Abbasi Migration can assist

Review eligibility

Visa refusal appeal: decisions the ART can review

The ART can review many, but not all, migration decisions. Your decision letter should explain whether review rights are available, who can apply and the deadline.

Visa refusals

Refusal of a visa applied for in Australia, such as a partner visa (820/801), student visa, skilled visa or bridging visa.

Some offshore visa refusals

Some refusals made outside Australia may be reviewable where an Australian sponsor or relative can apply, such as certain partner visa (309/100) and sponsored family visitor visa cases.

Sponsorship and nomination

Refusal of a sponsorship or nomination for an employer-sponsored visa.

Visa cancellation and citizenship

Visa cancellation, including on character grounds under section 501, and refusal or cancellation of Australian citizenship.

Please note: Most visas applied for outside Australia, such as most student and visitor visas, have no review rights. Read your decision letter carefully, or send it to us so we can help check your review rights and deadline.

Do not miss your deadline

ART time limits

Your exact deadline is stated in the decision notification. The time limit depends on the type of decision and your circumstances.

Your situation	Time to apply
Most visa refusals and cancellations, and sponsorship or nomination decisions	28 days
You were in immigration detention when notified	14 days
Character decisions under section 501, made while you are in Australia	9 days

How is the date calculated?

The time runs from the day after you are taken to have received the decision, not from the day you read it. An email or ImmiAccount notice counts as received on the day it is sent. A letter posted within Australia counts as received 7 working days after its date. For most migration decisions the Tribunal cannot extend the deadline, so an application one day late is usually invalid.

Costs and concessions

ART application fee

The fee depends on the type of review. The figures below are those supplied in the page content, effective from 1 July 2026.

Type of review	Fee (from 1 July 2026)
Migration review (most visa, sponsor and cancellation decisions)	AUD 3,727
With a financial hardship reduction	50% off, if the Tribunal approves it
Protection visa review	No fee to apply; AUD 2,293 payable only if the review is unsuccessful

If the Tribunal changes the decision in your favour, 50% of the fee is refunded. The fee rises every year on 1 July, so check the ART fees page before you apply.

While your review is pending

Can I stay in Australia during the review?

In most cases, yes. If you applied for your visa in Australia, the bridging visa you were given usually continues, with the same conditions, until the Tribunal decides and for a short period after.

If your visa was cancelled, you may need to apply for a bridging visa. Keep to your bridging visa conditions, such as work limits and reporting, because breaching them can create new problems.

Check your visa conditions

Whether you can work while your ART review is pending depends on your bridging visa conditions. Many bridging visas carry the same work rights as your previous visa.

Check your conditions in VEVO, or ask us to check them.

Check visa details in VEVO ↗

Planning ahead

How long does an ART review take?

Most migration reviews are listed for a hearing 6 to 18 months after they are lodged. The written decision can follow several weeks or months later.

The wait depends on the type of visa and the Tribunal’s caseload. Use this time to gather stronger evidence, because a well-prepared file is your best chance at the hearing.

Make the waiting period count

Review the refusal reasons, gather updated documents and prepare clear responses to the concerns raised in the decision.

From application to decision

The ART review process, step by step

Every case is different, but an ART review generally involves the following stages.

Check your decision letter

Confirm that you have review rights, who must apply (you or your sponsor) and your exact deadline.

Lodge the application on time

Apply online with the ART and pay the fee, or apply for the hardship reduction. Include a copy of the decision letter.

Understand why you were refused

We read the decision record line by line to identify each reason the case officer gave.

Build your evidence

Gather new documents that answer each reason, such as relationship evidence, financial records, a new skills assessment or witness statements.

Send written submissions

We set out the facts and the law, usually before the hearing.

Attend the hearing

The Tribunal Member asks you questions. An interpreter is provided free if you need one. We help you prepare and can attend with you.

Receive the decision

The Tribunal sends its written decision and reasons.

Types of matters

Common cases we help with

Every case is different, but an ART review generally involves the following stages.

Partner visa refusals

The Department was not satisfied that the relationship is genuine and continuing.

Student visa refusals

Concerns about the Genuine Student requirement or financial evidence.

Skilled visa refusals

Issues involving points claims, skills assessment or English test requirements.

Employer-sponsored visa refusals

The nomination or the business sponsorship was refused.

Visa cancellation appeal and NOICC

Visas are often cancelled after a Notice of Intention to Consider Cancellation (NOICC), for example for breaching visa conditions, giving incorrect information or on character grounds. If you have received a NOICC but your visa has not been cancelled yet, respond to it straight away.

If your visa has been cancelled, the ART deadline is usually 28 days, or 9 days for a section 501 character cancellation.

Possible tribunal outcomes

What the ART can decide

The Tribunal may affirm the original decision or set it aside in one of the ways described below.

Affirm

The original decision stays.

Set aside and substitute

The Tribunal replaces the decision with its own, for example a cancelled visa is restored.

Set aside and remit

The case goes back to Home Affairs to finish, usually on the basis that a key criterion is now met.

Options after an unsuccessful review

If the ART affirms the refusal

Get an honest assessment

We give you an honest view of your options before you spend money on further steps.

Common questions

ART visa appeal FAQs

Answers to common questions about ART review rights, time limits, costs and evidence.

What is the difference between the AAT and the ART?

The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. Reviews that were still open at the AAT moved to the ART. If you have an old AAT reference, your case continues at the ART.

How long do I have to appeal a visa refusal?

Usually 28 days from the day you are taken to have received the decision. It is 14 days if you were in immigration detention and 9 days for character decisions under section 501. Check your decision letter for your exact deadline.

How much does an ART appeal cost?

The Tribunal’s fee for a migration review is AUD 3,727 from 1 July 2026. You may be able to pay half if you are in financial hardship, and half is refunded if the decision is changed in your favour. Professional fees are separate and should be agreed in writing before work starts.

Can I work while my ART review is pending?

That depends on your bridging visa conditions. Many bridging visas carry the same work rights as your previous visa. Check your conditions in VEVO, or ask us to check them.

Can I add new evidence at the ART?

Yes. The Tribunal makes a fresh decision based on the facts at the time of its decision, so new documents and changes in your circumstances can be taken into account.

Do I need a migration agent for the ART?

No, but the review is your opportunity to have the facts looked at again. A registered migration agent can identify why you were refused, help collect relevant evidence and prepare you for the hearing.

Reviewed by Touseef Abbasi, Registered Migration Agent (MARN 2518930).

This page is general information, not advice for your situation. Time limits and fees change, so check your decision letter and the Administrative Review Tribunal website, or speak to us before you apply.

Time-sensitive visa appeal support

Visa refused or cancelled? Talk to us today.

Your deadline is already running. Send us your decision letter or book a consultation, and we will check your review rights, your deadline and the best next step.