Merits Review
ART Appeal
ART merits review process for visa refusals. Explains jurisdiction, eligible visa types, what happens at a hearing, Bridging Visa A protection, and how Amity prepares cases.
What Is the ART?
The Administrative Review Tribunal (ART) is Australia’s primary merits review body for immigration decisions. It was established in 2024, replacing the former Administrative Appeals Tribunal (AAT) which was abolished following recommendations from the Royal Commission into Robodebt. Despite the name change, the ART performs the same function for immigration matters — it reviews visa refusals and cancellations on their full merits.
When the Department of Home Affairs refuses your visa or cancels your existing visa, they do so based on their assessment of the information available to them. The ART gives you a second chance to present your full case to an independent decision-maker — a Tribunal Member — who is not bound by the Department’s reasoning and can reach a different conclusion based on all the evidence.
Critically, the ART reviews the decision as it stands today — not just the information available at the time of the refusal. This means you can provide new evidence, updated documentation, and additional arguments that were not before the Department when they made their original decision. This is a significant advantage over simply lodging a new application.
What Decisions Can the ART Review?
- Partner visa refusals (onshore subclass 820 and offshore 309)
- Skilled migration refusals (189, 190, 491, 186, 482)
- Student visa refusals — including Genuine Student requirement failures
- Protection visa refusals (subclass 866)
- Visitor visa refusals (limited ART jurisdiction — confirm with our lawyers)
- Parent visa refusals (103, 143, 173)
- Visa cancellations — including character cancellations under Section 501
- Employer sponsored visa refusals and nomination refusals
- Citizenship decisions (limited jurisdiction)
| Decision Type | Timeframe for Application |
|---|---|
| Reviewable migration decisions | Within 28 days from the date the applicant is given notice of the decision |
| Character refusal or cancellation (section 501), applicant in Australia | Within 9 days from the date the applicant is given notice of the decision |
| Protection visa refusal, if the applicant is in immigration detention | Within 7 working days from the date the applicant is given notice of the decision |
| Protection visa refusal, if the applicant is not in immigration detention | Within 28 days from the date the applicant is given notice of the decision |
| Judicial review at the Federal Circuit and Family Court of Australia | Within 35 days from the date the applicant is given notice of the decision |
What Happens at the ART Hearing?
An ART hearing is a formal proceeding but is less adversarial than a court. You will appear before a Tribunal Member (equivalent to a judge) who will ask you questions about your case. There is no opposing lawyer on the other side — the Tribunal Member’s role is to independently assess the merits of your case. Our lawyer sits with you, presents your evidence, and makes legal submissions.
Hearings are typically conducted by videoconference (Zoom or similar) since the ART centralised its hearing infrastructure, though in-person hearings may be requested in some cases. Hearings typically last 1–3 hours depending on complexity. We prepare you thoroughly before your hearing — including a detailed mock-hearing session where we walk through the questions you are likely to be asked.
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