Administrative Review Tribunal (ART)

The Administrative Review Tribunal (ART) is an independent Commonwealth body that conducts merits review of government decisions. In immigration, the ART reviews decisions including:

• Refusals or cancellations of visas (other than protection visas decided under the fast-track process);
• Sponsorship decisions;
• Character-based decisions under s 501 of the Migration Act;
• Protection visa decisions for applicants outside the fast-track process.

The ART replaced the AAT (which had itself absorbed the former Migration Review Tribunal and Refugee Review Tribunal in 2015). The transition to the ART was part of a broader reform of Commonwealth administrative review following the 2023 Review of the Administrative Review System (the Blunn-May Report).

Key features of the ART:

• Conducts merits review — it stands in the shoes of the decision-maker and can affirm, vary, set aside, or substitute a new decision;
• Is not bound by formal rules of evidence;
• Has inquisitorial (not adversarial) procedures;
• Applicants may represent themselves or be assisted by a migration agent or lawyer.

The ART does not review fast-track protection visa decisions — those go to the Immigration Assessment Authority (IAA).

References in the Migration Act to the "Tribunal" in the context of non-fast-track review now mean the ART. Previous references to the MRT and RRT, and more recent references to the AAT Migration and Refugee Division, are now to be read as referring to the ART's relevant divisions.

Applicants seeking review of a visa refusal or cancellation must apply to the ART within the time limit specified in the decision letter (typically 21 days for offshore decisions and 28 days for onshore decisions, though this varies by visa class). Failure to apply in time extinguishes the right to merits review.

Judicial review of ART decisions is available in the Federal Circuit and Family Court of Australia (FCFCA) under s 476 of the Migration Act, subject to the s 477 35-day time limit.