Administrative Review Tribunal (ART)
Statutory definition
The Administrative Review Tribunal Act 2024 (Cth) established the Administrative Review Tribunal (ART) as a single federal administrative review body from 14 October 2024. The ART absorbed the former Administrative Appeals Tribunal (AAT), including its Migration and Refugee Division which had previously comprised the Migration Review Tribunal and Refugee Review Tribunal.
Explanation
The Administrative Review Tribunal (ART) conducts independent merits review of migration decisions. In migration matters, the ART stands in the shoes of the original decision-maker and can affirm, vary, remit, or set aside the decision.
The ART's Migration and Refugee Division hears review applications involving:
- Visa refusal decisions (substantive visas)
- Visa cancellation decisions under ss 109 and 116
- Refusal of protection visas (primary decisions)
- Sponsor and nomination cancellation decisions
- Refusal of entry permits and certain employer nomination decisions
Character cancellation decisions made under s 501(3A) (mandatory cancellation) are not reviewable by the ART — only the Minister's personal revocation power under s 501CA applies.
How this term is used
The ART replaced the AAT on 14 October 2024. References in older cases, policies, and practice directions to the AAT (Migration and Refugee Division), the Migration Review Tribunal (MRT), and the Refugee Review Tribunal (RRT) now correspond to the ART (Migration and Refugee Division). Decisions made by those predecessor bodies retain their legal effect.