Administrative Review Tribunal (ART) Practice Directions 2024 | Everything you need to know

The Administrative Review Tribunal (ART) is an Australian tribunal that has replaced the previous Administrative Appeal Tribunal (AAT), which is responsible for conducting independent merit reviews of administrative decisions made under Commonwealth laws. Its primary functions include reviewing decisions made by:

• The Australian Government minister

• Department and agencies

• State government and non-government bodies (only in limited circumstances)

It is not part of the Australian court hierarchy but is subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia.

When will you come across the Administrative Review Tribunal (ART)?

Whenever you disagree with the decision you received from the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration, you may be eligible to apply for a review of your case by the ART.

What types of decisions can the Administrative Review Tribunal (ART) review?

There are six common categories of decision that the ART can review, and they are as follows:

• Migration Visa Refusal or Cancellation

  • Decisions to refuse or cancel various visa types: the Migration Act 1958 and Migration Regulations 1994 specify what decisions the ART can review.

• Protection (Refugee) Visa Refusal or Cancellation

  • Decisions to refuse or cancel protection visas and protection findings would no longer be made about a person under section 197D of the Migration Act 1958. Check out one of our clients' successful AAT appeals for a protection visa.

• Character-related Visa Refusal or Cancellation

  • Decisions to refuse or cancel any type of visa on character grounds are made under section 501 of the Migration Act 1958.

  • Decisions not to revoke the mandatory cancellation of the visa on character grounds made under section 501CA of the Migration Act 1958.

  • Decisions to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C).

• Australian Citizenship Refusal or Cancellation

  • Decisions of refusing to approve an individual becoming an Australian citizen.

  • Decisions to cancel an approval given to an individual becoming an Australian citizen.

  • Decisions of refusing to approve an individual becoming an Australian citizen again.

  • Decisions of refusing to approve an individual renouncing an Australian citizenship.

  • Decisions of refusing to give an individual notice stating that the individual is an Australian citizen at a specific period of time.

  • Decisions to revoke an individual’s Australian citizenship.

• Nomination Refusal

  • Decisions to refuse to approve a nomination of occupation, activity or position.

• Sponsorship

  • Decisions to bar, refuse to approve or cancel the approval of a sponsor.

How can you know whether the ART can review the decision?

The refusal or cancellation decision letter from the Department of Home Affairs will inform you if the applicant can apply for a review of the decision to the ART. The screenshot below is an example of a review right in a refusal/cancellation letter.

Example of Review right in a visa decision letter

When to apply for the review?

The time limits are strict when applying for a review of a decision by the ART. The set time limit is in the Department of Home Affairs’ decision letter. Generally speaking, there will be 21 or 28 days to appeal.

How much is it to apply for a review at the ART?

For most of the migration decisions, the application fee for a review is currently AUD 3,496.

Why is it important to get a legal representative for your ART Matter?

A legal representative can communicate with the ART on your behalf by submitting written documents and evidence, responding promptly to requests from the ART, and attending hearings for you. This ensures that your case is managed effectively, allowing you to avoid concerns about missing deadlines or providing insufficient information.

How Can Agape Henry Crux Help

If you wish to appeal your visa refusal or cancellation decision to the ART, contact us at Agape Henry Crux. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.