Administrative Review Tribunal
The Administrative Review Tribunal (ART) is an independent body that has the power to review the original decision made by the Department of Home Affairs and determine whether the decision was correct. The ART was established by the Administrative Review Tribunal Act 2024 and came into effect on October 14, 2024. It replaced the Administrative Appeals Tribunal (ART) as Australia’s primary body for reviewing administrative decisions.
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The ART also has their own independent powers to conduct investigations. If during this process, the ART comes across any adverse information against you, or anyone involved in the visa or citizenship matter, they will generally notify you in writing and ask for comment on this matter.
Structure of the ART
The ART is led by the President, who is responsible for managing the business of the Tribunal. The President is supported by several Deputy Presidents. Some Deputy Presidents are also judges. All members, including the President and Deputy Presidents, are appointed by the Governor-General.
The Administrative Review Tribunal (ART) manages reviews across eight areas of practice:
General
National Disability Insurance Scheme
Taxation and Business
Intelligence and Security
Protection
Veterans’ and Workers’ Compensation
Migration
Social Security
What sort of visa appeals goes to the ART?
The ART can review decisions made under more than 400 Commonwealth Acts and laws. The ART has jurisdiction to review a limited number of decisions relating to visas such as:
a decision to refuse/cancel different types of visas
to refuse or approve a nomination of an occupation, activity or person
to bar, refuse to approve or cancel the approval of a sponsor
a decision to refuse a visa on character grounds
character-related visa refusal or cancellation
Australian citizenship refusal or cancellation
Decision to bar, refuse to approve or cancel the approval of a sponsor
Not all decisions are reviewable.
Time Limits
The time limit for applying for a review is very strict. The time limit to lodge an application for a review varies depending on the type of decision and whether you are in immigration detention. The ART has no power to extend the time limit to lodge an application for a review.
Costs
The application for having a visa decision reviewed by the ART is $3,580. The application
fee can be reduced by 50% if the ART decide that paying the fee would cause the applicant severe financial hardship. The fee must be paid before the deadline for lodging the application.
If the review is decided in your favor, then the ART will refund 50% of the application fee that was paid. If the application is withdrawn a refund of the fee is only paid in very limited
circumstances.
What decisions can the ART make?
The ART usually makes a decision after conducting a hearing. It can affirm, vary, set aside
or remit the decision made by the Department of Home Affairs.
Affirm
If the ART affirms the decision, it means the decision made by the Department of Home Affairs has not changed.
Varies
If the ART varies a decision, it means the decision made by the Department of Home Affairs is changed or altered in some way.
Set Aside
If the ART sets aside a decision, it means the ART agrees or partially agrees that the original decision made by the Department of Home Affairs was wrong.
Remits
if the ART remits a decision, it means it sends the matter back to the Department of Home Affairs to make a new decision in accordance with the ART’s instructions or recommendations. This means you have won the appeal.
Time Frame of the ART
The processing time after an ART application is lodged can take a few months to a few
years depending on the type of decision under review. See the following link for the most up to date processing times.
Once an ART member is assigned to the case, there will generally be a request for
additional and up-to-date documents to be provided in support of the case.
Contact Us
Canberra Visa & Migration Services has significant experience dealing with ART matters. If you need any assistance, please contact our office to discuss your options.
