The Administrative Review Tribunal (ART) is the independent body responsible for reviewing decisions made by the Department of Home Affairs and the Minister for Immigration under the Migration Act 1958 and related legislation. It replaced the former Administrative Appeals Tribunal (AAT) following reforms to Australia’s administrative review system.
What Is Merits Review?
Merits review involves the ART reconsidering a decision afresh. The Tribunal examines the facts, law, and policy relevant to the case and may:
- Affirm the original decision
- Set aside the decision and substitute a new one
- Remit the matter back to the Department with directions
This process ensures fairness, transparency, and accountability in migration decision-making.
Types of Migration Decisions Reviewed
The ART can review a wide range of migration-related decisions, including:
- Refusal of visa applications (e.g. student, partner, skilled, protection)
- Cancellation of visas, including character-related cancellations under section 501
- Refusal of bridging visas
- Refusal or cancellation of citizenship applications
- Refusal of nominations or sponsorships
Not all decisions are reviewable. The ART provides guidance on eligibility and reviewable decision types through its official website and application portal.
Application Process
Applications must be lodged within strict timeframes, typically 21 days from the date of decision notification. Late applications are generally not accepted unless exceptional circumstances apply.
Applicants can apply online or by submitting the appropriate form. Different forms apply depending on the visa type and detention status. Registered migration agents must notify the Tribunal when providing immigration assistance.
Fees and Concessions
An application to review of migration decision will cost you AUD 3580 unless it is a review of a bridging visa decision.
（Update date：2025.07）
Migration review applications attract a fee, with concessions available for applicants experiencing financial hardship. Protection visa reviews are subject to a separate fee structure, and payment is only required if the review is unsuccessful.
Fee refunds and reductions may apply under certain conditions. Payment options include online, phone, and in-person methods.
Hearings and Support
Hearings are generally informal and may be conducted in person, by phone, or via video link. Applicants may request:
- Language interpreters
- Legal or migration agent representation
- Disability or accessibility support
Written submissions and supporting documents can be submitted before the hearing. Hearings are audio recorded, and parties may request a copy of the recording.
Character-Related Reviews
Special procedures apply to reviews of decisions made under section 501 of the Migration Act. These include expedited timelines and specific obligations for the Minister’s participation. The ART publishes practice directions outlining these procedures.
Access to Information
Applicants can access documents provided to or by the Tribunal, including letters, original documents, and hearing recordings. Requests for additional material from the Department of Home Affairs must be made directly to the Department.
Decisions are published on the ART website, except where privacy or public interest considerations apply.
Transition from AAT to ART
The ART has assumed all migration review functions previously handled by the AAT. Existing cases were transferred automatically. While the ART operates under new legislation and procedures, the core principles of independent merits review remain unchanged.
