Reviewable Decisions
The Administrative Review Tribunal (ART), which replaced the AAT in late 2024, serves as the primary body for independent merits review of visa decisions made by the Department of Home Affairs. For a decision to be reviewable by the ART, it must generally fall under the following categories:
- Visa Refusals: Decisions to refuse a visa for an applicant who is physically present in Australia (and in some specific cases, overseas applicants with Australian sponsors).
- Visa Cancellations: Decisions to cancel a visa while the holder is in Australia.
- Sponsorship and Nomination: Refusals of employer nominations or sponsorship applications.
Not all decisions are reviewable. The notification letter sent by the Department will explicitly state whether the decision can be reviewed by the ART and the strict timeframe in which the application must be lodged.
The Application Process
To begin a review, an application must be submitted via the ART online portal. This process involves:
- Lodgement: Submitting the application within the statutory timeframe (often 21 days for refusals or 7 days for cancellations).
- Evidence Submission: Providing all supporting documentation, including legal submissions, witness statements, and updated personal information.
- Hearing or "On the Papers" Decision: Under 2026 legislative updates, the ART may decide certain cases (particularly Student and Visitor visa refusals) "on the papers" without an oral hearing if the Tribunal deems the documentation sufficient.
- The Decision: The ART can affirm the original decision, vary it, set it aside for a new decision, or remit the matter to the Department for reconsideration with specific directions.
Fees and Costs
The ART application fee is subject to annual indexing. As of April 2026, the following fee structure applies to migration and protection reviews:
| Fee Category | 2026 Rate (AUD) |
| Standard Migration Review Fee | $3,580 |
| Reduced Fee (Financial Hardship) | $1,790 |
| Protection Visa Review Fee | $2,203 |
Note: The Protection Visa fee is generally only payable if the review is unsuccessful. For standard migration reviews, a 50% refund of the paid fee is issued if the Tribunal decides the review in your favour.
Processing Time Benchmarks
Processing times at the ART vary significantly based on the visa subclass and the complexity of the case. Based on the latest 2026 data for reviews finalised in the most recent reporting period, the following benchmarks apply:
| Case Category | 50% of Cases Finalised (Months) | 90% of Cases Finalised (Months) |
| Bridging Visas | < 1 Month | 6 Months |
| Student Visa Refusals | 17 Months | 24 Months |
| Visitor Visa Refusals | 11 Months | 24 Months |
| Temporary Work Visas | 18 Months | 34 Months |
| Partner Visa Refusals | 33 Months | 45 Months |
| All Migration Caseloads | 18 Months | 33 Months |
Factors influencing these timelines include the volume of applications, the availability of Tribunal members, and whether the case requires a formal hearing.
Frequently Asked Questions
Can I stay in Australia while my review is pending?
If you applied for your review within the required timeframe and held a bridging visa, that visa typically remains in effect to allow you to stay in Australia until the ART reaches a decision.
Do I need a lawyer for an ART hearing?
While you are not required to have legal representation, the 2026 rules place a higher emphasis on "on the papers" reviews. This means strong written evidence and legal arguments are critical, as you may not be granted an oral hearing to explain your case.
What happens if I miss the deadline to apply?
The ART has no power to extend the strict time limits set out in the Migration Act. If the deadline is missed, the Tribunal cannot accept the application, and the original decision remains final.
Can I provide new information to the ART?
Yes. As a merits review body, the ART considers the case afresh and can take into account new evidence that was not available at the time the Department made its initial decision.
