Section 306 — Migration review matters — jurisdiction
Text of provision
Subject to the ART Act, an application may be made to the ART for review of a decision by the Migration Agents Registration Authority made under this Division.
Plain English
Section 306 provides that certain visa decisions and related migration decisions are reviewable as migration review matters. This includes refusals and cancellations of most visa classes, sponsor decisions, and nomination decisions. The review is conducted on the merits — the Tribunal may substitute its own decision for the decision under review and is not limited to correcting legal errors.
Note: As of 2 October 2023, the Administrative Appeals Tribunal (AAT) was replaced by the Administrative Review Tribunal (ART). All references to AAT in migration legislation should now be read as references to the ART.
Practical effect
The merits review jurisdiction is a fundamental protection for applicants and visa holders — it allows a full reassessment of the decision rather than a narrow judicial review for legal error. The ART may consider new evidence not before the original decision-maker. Time limits for lodging review applications are strictly enforced; missing the deadline is usually fatal to the application. The ART's migration review decisions are published and form an important body of interpretive authority for practitioners.