The ART — migration and protection jurisdiction

Topic Tribunal jurisdiction 🇦🇺 Verified: 2026-05

Overview

The Administrative Review Tribunal (ART) — established under the Administrative Review Tribunal Act 2024 and commencing 14 October 2024 — has a Migration and Refugee Division that reviews migration and protection decisions made by the Department of Home Affairs. The ART replaced the former Administrative Appeals Tribunal (AAT) and the former Refugee Review Tribunal (RRT). It conducts de novo merits review — it stands in the shoes of the original decision-maker and considers all evidence, applying the law as at the date of review.

The ART's migration jurisdiction is governed primarily by Part 5 and Part 7 of the Migration Act 1958. Part 5 covers visa decisions (formerly AAT jurisdiction); Part 7 covers protection decisions (formerly RRT jurisdiction). The ART has broad powers to affirm, vary, set aside, or remit decisions.

Note: The ART was only established on 14 October 2024. References to the AAT and RRT in older case law and guidance documents refer to the predecessor bodies; the ART is their successor.

Legal basis

Section 338 — which decisions are reviewable by the ART under Part 5 (migration review)
Section 347 — how to apply for review; who may apply; time limits
Section 349 — the ART's powers: affirm, vary, set aside, remit, or substitute a decision
Section 363A — certain ART decisions have no effect where the applicant was notified under ss 494A–494D but the notification was defective
Section 414 — protection decisions reviewable by the ART (formerly RRT jurisdiction)
Section 415 — ART's powers in protection matters
Administrative Review Tribunal Act 2024 (Cth) — the governing statute for the ART's structure, procedures, and powers

How it works

Which decisions are reviewable?

The following migration decisions are generally reviewable by the ART under Part 5:

Refusal of a visa application (other than certain excluded visas)
Cancellation of a visa (other than mandatory cancellation — see below)
Refusal to revoke a mandatory cancellation under s 501CA (reviewable only by the ART if made by a delegate; not if made personally by the Minister)
Certain sponsor approval and nomination decisions

Protection visa decisions are reviewable under Part 7 (where the applicant is not an excluded fast-track applicant).

Excluded decisions

Certain decisions are not reviewable by the ART, including:

Personal decisions by the Minister (including character decisions under ss 501, 501A, 501B)
Decisions in relation to excluded fast-track applicants (reviewed instead by the Immigration Assessment Authority or not at all)
Decisions to refuse protection to persons subject to adverse national security assessments

The de novo review process

The ART conducts a fresh hearing on the merits. It is not limited to reviewing the material before the original decision-maker — it can receive new evidence and make findings of fact. The ART applies the law as it stands at the date of the review decision, not the date of the original decision.

Time limits for applications

Time limits for applying for review are strict. For most visa decisions, the application must be lodged within 21 days of notification of the refusal or cancellation. For protection decisions, the time limit is 28 days. Extensions are not generally available in the ART migration context.

Powers of the ART

The ART may:

Affirm the decision — confirm it was correct
Vary the decision — change it in a limited way
Set aside the decision and substitute a new decision
Remit the matter to the Department for reconsideration with or without directions

Character cancellation reviews

Reviews of delegate decisions under s 501CA (revocation of mandatory cancellation) are complex proceedings. The ART applies Direction No. 99 and must weigh the primary considerations (protection of the community, community expectations, best interests of children) against other relevant factors. The ART may substitute its own decision to revoke the cancellation if satisfied the balance warrants it.

After the ART decision

An ART decision may be challenged in the Federal Circuit and Family Court by way of judicial review for jurisdictional error. The ART itself may also refer a case to the Minister under ss 351 or 417 where it considers exceptional circumstances warrant intervention.