The Administrative Review Tribunal (ART) is the primary avenue for challenging a visa refusal or cancellation in Australia. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024, and in 2026 it underwent significant legislative reform. If you are considering an ART appeal, this guide explains the process, the costs, the realistic timeframes, and what the 2026 changes mean for your case.
What Is the ART and How Does It Differ from the AAT?
The ART was established by the Administrative Review Tribunal Act 2024 and commenced on 14 October 2024. It absorbed the jurisdiction of the former AAT, including its migration and refugee review functions.
The key differences from the AAT are:
| Feature | AAT | ART |
|---|---|---|
| Established | 1975 | 14 October 2024 |
| Oral hearings | Standard for most cases | Standard, but 2026 amendments allow paper-only decisions |
| Student visa reviews | Oral hearings | Paper-only from August 2026 |
| Caseload (Oct 2025) | N/A | 46,590 cases on hand |
| Median processing time | Varied | 18 months (Sept 2025–Feb 2026) |
The ART is an independent statutory body. It does not represent the Department of Home Affairs or the applicant — it reviews the decision on its merits and can substitute its own decision for the Department's.
Who Can Apply for Review?
You can apply to the ART if your visa application was refused or your visa was cancelled, and your refusal or cancellation letter confirms review rights. Review rights are not automatic — they depend on the visa subclass and your circumstances.
Visa types that generally carry ART review rights include:
- Partner visas (subclass 820/801, 309/100)
- Skilled visas (subclass 189, 190, 491, 482, 186)
- Student visas (subclass 500)
- Visitor visas (subclass 600) in some circumstances
- Protection visas (subclass 866)
- Employer-sponsored visas (subclass 482, 186, 187)
If your refusal letter does not mention review rights, or if you are uncertain, seek advice immediately. Do not assume you have no options.
Time Limits — The Most Critical Step
The time limit for lodging an ART application is 28 days from the date of notification of the refusal or cancellation. If you are in immigration detention, the time limit is 7 days.
These time limits are strict and cannot be extended. If you miss the deadline, the ART has no jurisdiction to hear your case. This is not a technicality — it is a hard legal rule.
Notification is generally taken to have occurred 3 working days after the letter was sent, unless you can prove actual receipt at a different time. If you received the letter later than 3 working days after it was sent, document this carefully.
How to Lodge an Application
ART applications are lodged online through the ART's portal at art.gov.au. You will need:
- A copy of the refusal or cancellation letter
- Your ImmiAccount details (for migration matters)
- The lodgment fee: AUD 3,580 (as of July 2025)
- A fee waiver application if you are experiencing financial hardship
The fee waiver requires you to pay at least 50% of the prescribed fee upfront and submit a written request. The ART will assess your financial circumstances before deciding.
Once your application is lodged, you will receive a case number and the ART will contact you with next steps.
What Happens After You Lodge
After lodgment, the ART will:
- Notify the Department — the Department must provide the ART with the decision record (the file)
- Issue directions — the ART will set a timetable for the exchange of documents and submissions
- Schedule a hearing — for most visa types, a hearing date will be set (though see the 2026 changes below)
- Conduct the hearing — you present your case; the ART member may ask questions
- Issue a decision — the ART can affirm, set aside, or remit the decision
The ART will contact you if there are any issues with your application or if additional information is required.
The 2026 Changes to Oral Hearings
On 5 February 2026, the Australian Parliament passed the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, which was subsequently enacted as the Administrative Review Tribunal and Other Legislation Act 2026. These amendments made significant changes to the ART's procedures.
The most significant change for migration applicants is this: the ART is now required to determine certain temporary visa refusal reviews without holding an oral hearing. The Government has stated it intends to apply this process to student visa refusals in the first
instance. These changes commence on a date to be fixed by proclamation, expected around August 2026.
What this means in practice:
- If your student visa was refused and you lodge an ART review, your case will be determined on the papers — without an oral hearing
- You will have the opportunity to put your full case in writing
- The ART must consider all written submissions before making a decision
- This process is intended to be faster than the current hearing-based approach
For other visa types, oral hearings remain the default. However, the 2026 amendments also allow the ART to make decisions without oral hearings in some other situations — for example, where the applicant consents, or where the matter is straightforward.
In my view, the removal of oral hearings for student visa reviews is a significant change. Oral hearings allow applicants to respond to the ART's concerns in real time, clarify misunderstandings, and present their case with the benefit of legal representation. Paper-based reviews place a greater premium on the quality of written submissions — which is one reason why professional representation is even more important under the new system.
Possible Outcomes
The ART can make one of three decisions:
- Affirm the Department's decision — the refusal or cancellation stands
- Set aside the Department's decision and substitute a decision to grant the visa
- Remit the matter back to the Department for reconsideration, with or without directions
If the ART affirms the decision, you may have further options: judicial review in the Federal Circuit and Family Court or Federal Court (on legal grounds only), or ministerial intervention under sections 351 or 417 of the Migration Act 1958.
Success rates vary by visa type. For skilled and partner visas, approximately 55–58% of ART appeals result in the decision being set aside or remitted. For student visas, the rate has historically been higher — which is one reason the Government introduced the paper-only process.
Costs — Fees and Legal Representation
The ART lodgment fee is AUD 3,580 (as of July 2025, increased from AUD 3,496). This is non-refundable, even if your appeal is unsuccessful.
Legal representation is not mandatory, but I strongly recommend it. The ART process involves legal submissions, evidence preparation, and in many cases a formal hearing. Self-represented applicants frequently make errors that cannot be corrected later — including failing to raise relevant grounds, submitting evidence in the wrong format, or missing procedural deadlines.
My fees for ART representation depend on the complexity of the matter and the visa type. I discuss this transparently at the initial consultation.
How I Can Help
If you are considering an ART appeal, I encourage you to book a consultation with me as soon as possible. Time is the critical factor. I will review your refusal letter, assess your prospects, and advise you on the best strategy for your case.
I have represented clients at the ART and its predecessor the AAT for over 20 years. I understand how the Tribunal thinks, what it looks for, and how to present a case effectively — whether in a hearing room or in written submissions under the new paper-only process.
Book a consultation to discuss your ART appeal.