The Administrative Review Tribunal
Understand the process of an ART Appeal
If your visa application has been refused or you’ve experienced a visa cancellation, you may wish to take your case to the Administrative Review Tribunal to appeal the decision. This process can be daunting without the assistance of immigration lawyers or registered migration agents. At Oz Migration Consultants, we have extensive experience handling complex matters such as appeals & tribunal cases. Get in touch with us to see how we can help you.
What is the Administrative Review Tribunal?
The ART is an independent merits review body of Australia that reviews administrative decisions made by state government bodies such as ministers, departments, and agencies provided that the relevant legislation permits such review. It consists of multiple divisions, one of which is the Migration & Refugee Division, which has jurisdiction to review decisions and hear matters relating to visa cancellations and refusals.
The ART was established on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT). This change was implemented to enhance the efficiency and accessibility of decision reviews across a range of administrative matters, including migration and refugee cases. While the ART carries forward the core functions of the AAT, it introduces a restructured approach aimed at simplifying the review process and ensuring more timely outcomes for applicants.
What decisions can be made at the ART?
ART members can make the following decisions:
Affirm a decision
Vary a decision
Set aside a decision
Remit a decision
Visa appeal process
Appealing for a visa can be complex. With help from an Australian Registered Migration Agent or a Lawyer, we can untangle this complexity, and help you on your appeal journey.
1. Consultation and engagement
Organise a consultation time to speak with our RMA. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your appeal.
4. Representation and outcome
We will represent you in the ART or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.