Quick facts

• The ART is the merits-review body (previously AAT MRD). It’s independent of the Department of Home Affairs.
• Strict time limits apply and cannot be extended for migration decisions. Check your decision letter immediately.
• Current application fee for migration reviews is AUD $3,580. A reduced fee may be available; 50% is refunded if you receive a favourable decision (set aside/remit).

What the ART does in migration cases

The ART conducts a merits review. It re-examines the facts and the law that applied at the time of the Department’s decision and then makes the “correct or preferable” decision. Outcomes can be:

• Affirm – the original decision stands.
• Vary – the decision is changed.
• Set aside & substitute – the ART makes a new decision.
• Remit – the matter goes back to the Department to decide again with directions/reasons from the ART (a favourable outcome for you).

Migration decisions the ART can review include refusals or cancellations of: student, skilled, employer-sponsored, partner, family, temporary work and bridging visas, as well as some sponsor/nomination and citizenship decisions. (Some character decisions and other classes are reviewed through different ART pathways/forms.)

Not every decision is reviewable. Your decision notice states if you have review rights, who may apply (you or your sponsor), and the exact deadline.

Time limits (critical)

• Migration review deadlines are strict and the ART cannot extend them.
• The exact due date depends on the decision type and the way you were notified (email, post, in person).
• Read your decision letter carefully and act immediately.

Missed deadlines usually mean the ART cannot accept your application. If you’re close to the limit, file first and keep gathering documents.

After you apply – what to expect

1. Acknowledgment & file creation

You’ll get a case number and portal access to upload documents and messages.

2. Department’s file & evidence exchange

The Department provides documents relevant to its decision. You can respond with statements, new evidence, expert reports, employer letters, updated English/skills results, etc. (Merits review lets you provide new material.)

3. Directions & case events

The ART may issue directions (deadlines for submissions) or list your matter for a case conference or hearing. If you have urgent circumstances (visa nearing expiry, serious hardship, compelling need), you can request an expedited decision with reasons and evidence.

4. Hearing

Hearings may be in person, by video or phone. Bring photographic ID. Interpreters are available if requested. Hearings are generally informal but focused on the issues in your case. You (or your representative) can make submissions and give evidence.

5. Decision

The ART will affirm, vary, set aside/substitute, or remit the decision. You receive written reasons. If favourable, the Department will contact you to finalise your visa (where applicable). 50% fee refund applies if the outcome is favourable.

Bridging visas & work rights during review

• The ART does not grant visas.
• If you lodged a valid review and you previously held (or were eligible for) a bridging visa associated with the refused application, the Department of Home Affairs manages any Bridging Visa arrangements and conditions. Check your decision letter/Department correspondence or speak to us so we can liaise appropriately.

Common mistakes that jeopardise reviews

• Missing the deadline or lodging the wrong form/fee. (The ART cannot extend time.)
• Submitting no reasons or generic reasons for review.
• Waiting for the hearing to gather evidence, file early and update as you go.
• Ignoring ART directions and document deadlines.
• Using unregistered advisers for migration assistance.

How we help

• Rapid deadline triage (we calculate the correct last day from your notification type and act immediately).
• Case strategy – we identify the legal criteria used in your refusal/cancellation and map the best evidence to address each point.
• Evidence building – employer letters, skills/English updates, financial/compassionate material, medical or expert reports.
• Written submissions responding to the Department’s file and any ART directions.
• Hearing preparation & advocacy – witness preparation, issues lists, speaking notes, and representation at the hearing.
• Post-decision follow-through with the Department if your matter is remitted or set aside.

FAQs

Can the ART extend my deadline?

No. Migration time limits are set by law and cannot be extended by the ART. File before the due date on your decision letter.

Who must lodge the review – me or my sponsor?

Your decision letter states who has standing to apply (e.g., the visa applicant or the sponsor/nomination applicant), and the exact deadline.

Do I need a hearing?

Many cases proceed to a hearing, but some are decided “on the papers”. The ART will tell you what’s required for your case and will arrange an interpreter if requested.

What happens if I win?

If the ART sets aside/substitutes the decision or remits it, the Department will contact you to finalise the visa (if applicable), and 50% of the full application fee is refunded.

If I lose, can I try something else?

We focus on ART merits review. If you need advice on other avenues (e.g., ministerial intervention), we can discuss options appropriate to your circumstances. (We do not run court appeals.)