The Administrative Review Tribunal (ART) in Australia is a significant legal body responsible for reviewing government decisions, including visa refusals and cancellations. It ensures that individuals affected by adverse migration decisions have a fair chance to challenge and appeal rulings made by the Department of Home Affairs (DHA). This guide provides an in-depth overview of the ART visa review process, eligibility, application procedures, and key considerations for applicants.
The ART is an independent statutory body that reviews decisions made by Australian government departments. It aims to ensure transparency, fairness, and accountability in administrative decisions, including those related to visas and immigration.
Not all visa refusals or cancellations qualify for an ART review. The eligibility criteria depend on the type of visa, the grounds for refusal, and whether the applicant meets the requirements for a merits review.
The ART primarily handles reviews for the following visa categories:
The processing time for appealing a visa refusal through the Administrative Review Tribunal (ART) in Australia varies significantly based on several factors, including the type of visa and the complexity of the case. As of now, specific processing times for the ART are not available. However, data from the former Administrative Appeals Tribunal (AAT), which the ART replaced in October 2024, provides some insight into potential timelines.
For reviews finalized between April 14, 2024, and October 13, 2024, the processing times were as follows:
| Visa Category | 50% of Cases Finalized Within (Days) | 95% of Cases Finalized Within (Days) |
|---|---|---|
| Bridging | 11 | 343 |
| Family | 1,024 | 1,690 |
| Nomination/Sponsor | 974 | 1,609 |
| Partner | 1,249 | 1,877 |
| Permanent Business | 789 | 1,186 |
| Skilled Linked | 442 | 909 |
| Student Cancellation | 458 | 638 |
| Student Refusal | 341 | 761 |
| Temporary Work | 133 | 1,103 |
| Visitor | 413 | 494 |
| Protection | 1,756 | 2,243 |
List of Fees | Fee | Fee in concessional circumstances |
Standard application fee (for decisions not specified elsewhere) | $1,121 | $100 |
Small business taxation decisions | $602 | $100 |
Taxation decisions where the amount of tax in dispute is less than $5,000 or where the Commissioner has refused a request for an extension of time to lodge an objection | $111 | $100 |
Migration decisions | $3,496 | 50% (financial hardship) |
Protection decisions | $2,151* | N/A |
Child support decisions – first review | No fee payable | No fee payable |
Paid parental leave – first review | No fee payable | No fee payable |
NDIS decisions | No fee payable | No fee payable |
Social security decisions | No fee payable | No fee payable |
Veterans’ and workers’ compensation decisions | No fee payable | No fee payable |
Guidance and Appeals Panel – application to the President (excluding decisions for which a fee is not payable) | $1,121 | $100 |
Guidance and Appeals Panel – referral by the President | No (additional) fee payable | No (additional) fee payable |
Navigating the ART visa appeal process requires expertise, patience, and a deep understanding of Australian immigration law. With the right legal representation and a well-prepared appeal, applicants have a chance to overturn unfavourable visa decisions.
At Stepping Stones Career Solutions, we are committed to helping clients successfully appeal visa refusals and cancellations. Our professional approach, personalized guidance, and extensive knowledge of migration law make us a trusted partner in your immigration journey. Contact us today to discuss your ART visa appeal and take the first step toward securing your future in Australia.
The Administrative Appeals Tribunal (AAT) has been replaced by the Administrative Review Tribunal (ART) in 2024.
Success rates vary based on case type, evidence, and legal support. On average, only a fraction of appeals succeed, so strong preparation is key.
There is no specific “ART visa.” ART handles reviews of visa decisions, not visa applications.
The AAT has been rebranded as the Administrative Review Tribunal (ART) to improve efficiency and decision-making processes.
Processing times depend on the case complexity. Some appeals take a few months, while others can extend beyond a year.
Fees vary based on the visa type and review category. The latest fee structure can be found on the official government website.
In some cases, yes. However, options depend on your visa conditions and individual circumstances. Seeking legal advice is recommended.
Yes! Most visa refusals can be appealed to the ART, but strict time limits apply, so act fast.
Yes, if your appeal is successful, or if you apply for a new visa meeting all criteria.
Yes, if you’re eligible. ART reviews most refusals, but some cases may require Federal Court intervention.
It’s the official document to request a review of a visa refusal decision with ART. Available on their website.
If ART denies your appeal, you may challenge legal errors in the Federal Court. This isn’t a review of your visa but rather of ART’s decision-making process.
We are your trusted partner in migration and visa consultation. With years of experience, we guide overseas students and professionals through course selection, applications, and visa processes, ensuring expert support every step of the way.
