Visa Refused? A Comprehensive Guide to ART Merits Review

Receiving a visa refusal letter is devastating, but it is often not the end of the road. Most decisions made by the Department of Home Affairs are reviewable by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024.

What is Merits Review?

In a merits review, the ART looks at your application fresh. They consider the law and the facts as they exist at the time of the review, not just when the Department made the original decision. The Tribunal can affirm, vary, or set aside the Department’s decision.

Critical Timelines

You must act immediately. Appeal deadlines are strict and non-negotiable—missing them by even one day results in a total loss of review rights. Usually, you have 21 days from the date of the refusal notice.

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