A visa refusal or cancellation is stressful, but it isn’t always the end of the road. Many decisions made by the Department of Home Affairs can be reviewed by the Administrative Review Tribunal (ART). This guide explains how the ART works, the strict time limits, and what you can do next.
General information only, current at the date of publishing. Your options depend on your visa, your location and the exact decision, so get advice quickly.
What is the Administrative Review Tribunal (ART)?
The ART is the independent body that reviews many government decisions, including most migration and protection visa decisions. It started on 14 October 2024 and replaced the Administrative Appeals Tribunal (AAT). If you see older articles that mention the AAT, the ART now does that job.
The ART carries out merits review: it looks at your case again and can make a new decision based on the law and the evidence available at the time of the review, including new evidence you provide.
The time limit: act immediately
The deadline to apply is set out in your decision letter. For many onshore refusals it is 21 or 28 days after you are notified of the decision, and it is only 7 working days if you are in immigration detention. In some cases the deadline cannot be extended. Missing it can mean losing your right to review.
Check your letter today: note the date you were notified, the review deadline and whether you have review rights at all.
Which decisions can be reviewed?
Many onshore refusals can be reviewed, for example some student, partner, skilled and temporary graduate visas, as well as visa cancellations and some sponsor or nomination refusals. Many offshore refusals have no review rights unless an Australian sponsor or relative is involved. Your decision letter will state whether review is available.
How an ART review works
- Lodge your application with the ART before the deadline and pay the application fee (a fee reduction may be available in cases of financial hardship).
- Stay lawful. If you were in Australia on a bridging visa, it usually continues while the review is on foot. Check your bridging visa conditions.
- Prepare your case. Address each reason for refusal with evidence and written submissions.
- Attend the hearing. A member of the ART will ask you questions. You can bring witnesses and an interpreter can be arranged.
- Get the decision. The ART can affirm the refusal, set it aside and substitute a new decision, or send the case back to Home Affairs with directions.
Common reasons visas are refused
- Genuine Student or genuine relationship concerns
- Missing or unclear financial evidence
- Health or character issues
- Points claims that could not be proven at the time of invitation
- Undeclared previous refusals or incorrect information (Public Interest Criterion 4020)
Understanding the exact reason in your decision record is the key to a strong review.
If the ART refuses your case
You may be able to seek judicial review in the courts (limited to legal errors) or, in rare cases, request Ministerial intervention. Ministerial intervention is at the Minister’s discretion and is not a guaranteed pathway.
How Study Mate Migration can help
Our Registered Migration Agent (MARN 2518899) can review your decision letter, explain your realistic options and prepare your ART application and submissions. If you’re a student, see our Student visa checklist to avoid the most common problems in future applications.
Time matters. Call +61 401 989 579 or contact us as soon as you receive your decision.
