What the ART does
The ART conducts merits review. It is independent of the Department of Home Affairs, looks at your case again, and can generally consider new information and evidence before making its own decision.
The Tribunal can review some, but not all, visa-related decisions. These include:
- migration visa refusals and cancellations;
- protection visa refusals and cancellations;
- character-related visa refusals and cancellations;
- refusals of nominations; and
- sponsorship decisions, such as refusing to approve a sponsor, or barring or cancelling a sponsor.
Your decision letter tells you whether the decision can be reviewed, who can apply and the time limit.
Strict time limits
You must apply within the time limit set out in the Department’s decision letter. The Tribunal has no power to extend it, and it cannot consider a late application.
- Character decisions: if a delegate refused or cancelled your visa under section 501, or decided not to revoke a mandatory cancellation under section 501CA, and you are in Australia, you must apply within 9 days after you receive the decision and documents.
- Other decisions: the period stated in your decision letter. Check it the day the decision arrives.
Fees
An application fee applies to most migration reviews. It can be reduced by 50% if paying it would cause financial hardship, and if you paid the full fee and the decision is in your favour, 50% is refunded. Fees change, so check the Tribunal’s website for the current amount.
How the review works
- Apply: lodge your application, with a copy of the decision letter, before the deadline.
- Department’s documents: the Tribunal asks the Department for the documents relating to your case.
- Submissions and evidence: give the Tribunal written submissions and supporting evidence as early as possible.
- Hearing: the Tribunal may invite you to a hearing to give evidence and present your case. Some cases are decided without a hearing.
- Decision: the Tribunal can affirm the decision, vary it, set it aside and substitute a new decision, or send it back to the Department to reconsider.
For expedited character reviews, the Tribunal must decide within 12 weeks, and you must give the Minister’s representative your witness statements and documents at least 2 business days before the hearing. Processing times for other reviews vary; the Tribunal publishes them on its processing times page.
Common reasons reviews fail
- the application is lodged late, or by someone who is not entitled to apply;
- the submission does not address the specific criteria the decision turned on;
- evidence that could address the concerns is not provided, or is provided too late; and
- inconsistencies with earlier applications, which can also raise PIC 4020 concerns.
How we help
- Decision review: we analyse the decision, the reasons and the criteria not met, and confirm your deadline.
- Strategy and evidence: we identify the evidence and arguments most likely to address the Tribunal’s concerns.
- Written submissions: we prepare a structured submission addressing the law and the evidence.
- Hearing preparation and representation: we prepare you and your witnesses and represent you at the hearing.
Frequently asked questions
Can I stay in Australia while the review is decided?
That depends on your visa situation, for example whether you hold a bridging visa and on what conditions. Get advice as soon as you receive the decision, so you understand your status while the review runs.
Can I give the Tribunal new evidence?
Generally, yes. The Tribunal makes a fresh decision and can consider new information. For expedited character reviews, strict rules apply to when information can be given, so start early.
What if I missed the deadline?
The Tribunal cannot extend the time limit, so it cannot consider a late application. Other options may still exist, depending on your situation. Get advice promptly.
Can a Tribunal decision be appealed?
You may be able to appeal to a court, but generally only on questions of law, and strict time limits apply.
Talk to a Registered Migration Agent
An appeal strategy session with Tatsiana Pustavoit (MARN 1800880) gives you a clear view of the decision, your deadline and the evidence that matters. Consultations are held online via Microsoft Teams or by phone. Only the Tribunal can decide your review, and no registered migration agent or lawyer can guarantee an outcome.