Had your visa refused or cancelled? here is how we can help
Administrative Review Tribunal (ART): Challenging a Visa Decision
The AAT review visa decision is an independent body that provides a merits review of certain decisions made by the Department of Home Affairs (Immigration). If your visa application has been refused or your visa has been cancelled, the ART may be your only pathway to have that decision overturned.
What is an ART review visa decision?
The ART conducts a complete, fresh review of your case. It doesn’t just check if the Department made a mistake; it “steps into the shoes” of the original decision-maker. The Tribunal Member will consider all the facts, evidence, and relevant laws to decide what the correct or preferable decision should be. Importantly, you can submit new evidence that wasn’t available during your original application.
Key Decisions Reviewable by the ART
The ART’s jurisdiction covers most migration matters, including:
Visa Refusals and Cancellations: Appeals for most visa subclasses (e.g., Partner, Student, Skilled, Visitor, Business, and Protection visas).
Sponsorship and Nomination: Refusals of sponsorship or nomination applications (e.g., for employer-sponsored visas).
Citizenship: Certain refusals or cancellations of Australian citizenship.
The ART Review Process: Time is Critical
The process of appealing to the ART is highly technical and subject to strict deadlines. Missing a deadline means losing all rights to review.
1. The Deadline to Apply
The Department of Home Affairs letter notifying you of the decision will specify the exact deadline. These deadlines are generally:
| Decision Type | Typical Deadline to Apply |
| Most Visa Refusals | 28 calendar days from the date you received the notification. |
| Visa Refusals on Character Grounds | As little as 7 or 9 calendar days. |
| Decisions in Immigration Detention | 14 calendar days. |
Action Item: As soon as you receive a refusal or cancellation, contact us immediately. We must lodge the application within the specified timeframe to preserve your review rights.
2. Lodging the Application & Fee
The ART review application is lodged online or by post with the required application fee.
Application Fee: The standard application fee (as of late 2024/2025) is AUD $3,580 (subject to change), with no fee for certain Protection visa reviews.
Fee Refund: If the ART reviews the decision and sets it aside (i.e., you win the appeal), 50% of the application fee is refunded to you.
3. Case Preparation & Bridging Visa
Once your application is lodged:
Lawful Status: If you were onshore at the time of your application, you will typically be granted a Bridging Visa, allowing you to remain in Australia lawfully while your case is pending.
Submissions & Evidence: We will work with you to prepare comprehensive written submissions and gather all relevant new evidence to address the Department’s refusal reasons.
4. The ART Hearing (if required)
Many cases will proceed to a hearing, where you present your case in person to an ART Member:
Your Opportunity: This is your chance to give sworn evidence, answer questions, and explain why the visa criteria are met.
Representation: We will attend the hearing with you to provide legal representation, manage the process, and advocate on your behalf.
5. Decision and Outcome
After the hearing or sometimes based only on written documents, the ART will issue a written decision. If your appeal is successful, the ART will remit your case back to the Department of Home Affairs, which must then finalise the grant of your visa (subject to final health and character checks).
How We Can Help with Your ART Appeal
The ART process is highly specialized and requires strong legal arguments. Our services are designed to maximize your chances of a successful outcome:
Deadline Triage: We immediately assess your refusal letter to determine your review rights and meet the critical lodgement deadline.
Strategic Gap Analysis: We analyze the refusal reasons against Australian migration law to identify the deficiencies in the original application.
Evidence Planning: We help you gather targeted, compelling new evidence and draft detailed witness statements to address the grounds for refusal.
Expert Advocacy: We prepare comprehensive legal submissions and provide skilled representation at your ART hearing to ensure your case is presented persuasively.
Facing a refusal or cancellation is stressful, but it’s not the end of your Australian journey. Contact us immediately to discuss your ART review rights.