*Last updated on: 12 Dec 2024
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Administrative Review Tribunal (ART) Visa Refusal and Cancellation Reviews

An opportunity for applicants to challenge the decisions of the department

Overview of the ART - Merits Review

The Administrative Review Tribunal (ART) offers a platform for individuals to seek a review of visa-related decisions made by the Department of Home Affairs (DOHA). The ART can affirm, modify, set aside the original decision, or remand the matter back to DOHA with specific instructions. The ART handles a wide array of visa refusals and cancellations, evaluating each case on its merits and considering any new evidence presented.

When applying for a review, it is crucial to adhere to the specified timeframe outlined in your visa decision notification. Typically, individuals have 21 days to lodge an appeal for a refusal decision and 7 days for a cancellation decision from the date of receipt.

The ART’s authority includes the ability to:

1. Confirm the original decision made by the Department, maintaining the status quo.
2. Modify or issue a new decision, effectively changing the initial determination.
3. Return the matter to DOHA for reconsideration, often with specific directions.

Lodging a review application may also allow applicants to become eligible for a bridging visa, depending on their circumstances.

Why Should You Pursue a Merits Review with the ART?

Thorough and Impartial Review Process
Choosing to pursue a merits review with the Administrative Review Tribunal (ART) can provide applicants with a fair and impartial reassessment of their visa refusal or cancellation decision by the Department of Home Affairs. The ART’s independent structure ensures a careful and unbiased evaluation based on the facts, evidence, and any new information presented during the review process. By seeking a merits review, individuals gain a valuable opportunity to challenge decisions that may have a significant impact on their ability to stay or enter Australia, and it can offer a pathway to achieve a more favourable outcome.

Specialist Knowledge and Legal Precision
ART members possess in-depth expertise and experience in migration law, allowing for well-informed and legally sound decisions. This professional review process provides applicants with confidence that their case is assessed rigorously, in accordance with established law and procedural fairness, without the financial burden typically associated with full legal proceedings.

Potential for Reduced Fees and Refund Options
Financial considerations are important for applicants, and the ART offers options for fee reductions and refunds in certain circumstances. Applicants facing financial hardship can apply for a 50% reduction in the standard migration review fee. Additionally, if the ART determines that an application is invalid or rules in the applicant’s favour, a partial refund of the paid fee is provided. These provisions are designed to ensure greater accessibility to justice and support for those facing challenging circumstances.

Transparent Outcomes and Binding Decisions
The ART’s decisions are binding, meaning they carry significant weight and must be respected by relevant government departments. Whether the ART decides to affirm, set aside, or remit a decision, applicants can trust that a thorough review has taken place. While there is limited scope for further appeals, the finality of ART decisions often provides clarity and closure on migration matters.

Refund and Fee Reduction Policies
1. Refunds: If the ART rules in an applicant’s favour or decides an application is invalid, a refund of 50% of the paid fee is provided. However, if the fee was paid at a reduced rate due to financial hardship, 50% of this reduced fee may be refunded.
2. Fee Reductions: For applicants facing financial difficulties, the ART allows for a reduced fee application with necessary documentation. Requests for fee reductions must be submitted alongside supporting documents, such as income statements or proof of financial hardship, to be considered for approval.

By engaging with the ART, applicants not only receive a comprehensive merits review but also benefit from a system that values procedural fairness, transparency, and accessibility.

Steps in the ART Review Process

Step 1: Lodging a Review

Timeframe: Appeals must be lodged promptly, typically within 21 days of a refusal decision and within 7 days of a cancellation decision. Failure to meet these deadlines results in the loss of the right to appeal.
Application Form and Fee: Complete and submit the ART application form along with the applicable fee. Fee reductions or exemptions may be available under specific circumstances.
Acknowledgment of Submission: Upon submission, you will receive an acknowledgment and a reference number for your appeal.

Step 2: Pre-Hearing Developments

Submission of New Evidence: Applicants can introduce additional evidence or information not previously considered. This may include personal statements, expert opinions, and supplementary documents.
Requests and Directions: The ART may issue requests or directions for further information that must be fulfilled within specified deadlines.

Step 3: Hearing Preparation

Familiarisation with the Process: ART hearings are less formal than court sessions but still adhere to set protocols.

Types of ART Decisions

1. Affirms: The original decision stands.

2. Sets Aside: The decision is overturned and replaced by a new decision.

3. Remits: The case is returned to the original decision-maker for further evaluation.

ART Timelines

1. Community Applicants: 21 days from the notification date for refusals and 7 days for cancellations.

2. Detention Applicants: 7 working days from notification.

3. Notification Methods: If sent via email, it is deemed received on the date it arrives, including if it goes to a spam folder.

ART Costs

The application fee for a review of most migration decisions is $3,496 (updated on 1st Nov 2024).

Notes: Fees are subject to changes per ART updates, please seek confirmation before proceeding.

Processing Times

Processing times for different visa categories vary based on ART workloads and case complexities.
Ensure all documents are submitted correctly to avoid delays.

Your Questions Answered

What is the ART and what does it do?

The Administrative Review Tribunal (ART) is an independent body that reviews decisions made by the Department of Home Affairs (DOHA) related to visas, citizenship, and other matters. The ART provides an impartial assessment of cases, ensuring that decisions comply with Australian law and are fair and reasonable.

Why should I seek a merits review with the ART?

A merits review with the ART gives you an opportunity to have your case reassessed by experts in migration and administrative law. The review process is fair and impartial, allowing you to present new evidence and challenge decisions made by DOHA. This can lead to a modified outcome, such as having your visa refusal or cancellation overturned or referred back to the original decision-maker for reconsideration.

Who can apply for a review with the ART?

Anyone affected by a decision made by the Department of Home Affairs may apply for a review, provided the decision is eligible for review. This includes individuals who have had visa refusals or cancellations and meet the criteria for accessing the ART.

What is the timeframe to lodge a review application with the ART?

Timeframes for lodging an appeal are strict. Typically, you have 21 days from the date you were notified of a visa refusal and 7 days for a visa cancellation. Missing this deadline means you may lose your right to appeal, so it’s crucial to act quickly.

Can I submit new evidence to the ART?

Yes, you can present new evidence during the review process. This is a key advantage of seeking a merits review. New evidence may include additional documentation, personal statements, expert opinions, or any relevant information not previously considered.

What fees are associated with a review application?

The standard fee for migration decisions is AUD $3,496. If you are experiencing financial hardship, you may be eligible for a 50% fee reduction, provided you submit a request with supporting evidence.

Can I get a refund of the application fee?

If your application is ruled invalid or if the ART decides in your favour, you may be eligible for a partial refund. Specifically, 50% of the paid fee can be refunded. If you withdraw your application, refunds are limited and generally only provided under specific circumstances.

How long does it take to receive a decision from the ART?

Processing times vary based on the complexity of your case and the current workload. For migration reviews, the median (50%) processing time is around 701 days, but it can take longer depending on individual circumstances.

Can I travel while my case is under review with the ART?

Depending on your visa status, you may need to apply for a bridging visa to remain in Australia while your case is being reviewed. The bridging visa conditions will dictate your travel and residency status.

What happens if my review is unsuccessful?

If the ART upholds the original decision, you may explore other legal avenues, such as appealing to the Federal Circuit Court, provided there are legal grounds for such an appeal.

What if my sponsor withdraws their support during the review?

This could affect your case, as sponsors play a significant role in some visa types. It’s important to inform the ART and address any changes in your circumstances promptly.

Will I need to attend a hearing?

In most cases, yes. The ART holds hearings to allow applicants to present their case in person or through a representative. Hearings are generally less formal than court proceedings, but you must adhere to proper protocols.