The Administrative Review Tribunal (ART) is Australia's independent federal review tribunal for government decisions. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024 under the Administrative Review Tribunal Act 2024. The ART conducts merits review of decisions made by the Department of Home Affairs (DHA) — meaning the Tribunal examines the decision afresh on its merits, not merely whether the original decision was legally correct. For migration decisions, the ART can affirm, vary, set aside, or remit a DHA decision. The time limits for applying are strict — 9 calendar days for expedited (fast-track) reviews and 28 calendar days for most other migration and protection decisions. This page explains what decisions can be reviewed, how to apply, and what happens at the Tribunal.

For current information on migration review at the ART, including the application form and processing times, refer to the ART immigration and citizenship page.

• Administrative Review Tribunal Act 2024 — establishes the ART; replaces the Administrative Appeals Tribunal Act 1975 effective 14 October 2024
• Migration Act 1958, Part 5 and Part 7 — sets out the types of decisions reviewable by the ART (Part 5: visa and cancellation decisions; Part 7: protection visa decisions)
• Migration Act 1958, s 411–412 — applications to the Tribunal; time limits for review of protection decisions
• ART Practice Direction: Migration, Protection and Character (commencing 2 March 2026) — procedural rules governing migration and protection reviews in the ART
• ART: Immigration and citizenship — art.gov.au/immigration-and-citizenship
• ART: Processing times — art.gov.au/processing-times

What the ART replaced — the AAT and IAA

Before 14 October 2024, migration and protection decisions were reviewed by:

• The Administrative Appeals Tribunal (AAT) — Migration and Refugee Division (MRD) — reviewed most visa refusals, cancellations, and character decisions
• The Immigration Assessment Authority (IAA) — reviewed fast-track protection decisions (offshore entry persons, unlawful maritime arrivals, unauthorised maritime arrivals) under a paper-based, limited review process

On 14 October 2024, both the AAT and the IAA were abolished and replaced by the ART. All pending cases in both bodies were automatically transferred to the ART and continue to be dealt with under the jurisdiction the ART inherited. Decisions made by the AAT or IAA prior to 14 October 2024 remain valid and final (subject to any court appeal already underway).

Merits review — what the ART does

The ART conducts merits review. This means:

• The Tribunal examines the decision on its merits — it considers all the relevant facts and circumstances as they exist at the time of the review, not only the information that was before the DHA decision-maker
• The Tribunal can affirm the DHA decision (confirm it), vary it, set it aside (replace it with a different decision), or remit it back to DHA with directions
• Merits review is broader than judicial review (which only examines legality) — the Tribunal can substitute its own decision on the merits if it disagrees with DHA's conclusion

Merits review does not make DHA's decision immediately wrong — it gives the applicant the opportunity to have an independent tribunal re-examine the decision with fresh consideration of the evidence.

What decisions can be reviewed

The ART can review the following categories of DHA decisions:

• Visa refusals — decisions to refuse to grant a visa (most substantive visa categories have review rights, though some do not)
• Visa cancellations — decisions to cancel a visa (including character-based cancellations under s 501 and general cancellations under s 116)
• Protection visa decisions — refusals of protection visas (subclass 866 and related classes)
• Character decisions — refusals or cancellations on character grounds (including decisions made under the Minister's personal power under s 501)
• Sponsorship and nomination decisions — certain refusals of employer sponsorship and nomination applications

Not all DHA decisions attract review rights. The notification letter from DHA will state whether the decision is reviewable and the time limit for applying. Where no review right exists in the ART, the only avenue for challenging the decision is judicial review in the Federal Court.

Time limits — strict deadlines

The time limits for lodging an application for review are strictly enforced:

• Expedited reviews (formerly IAA fast-track reviews): 9 calendar days from the date DHA notifies the applicant of the decision — the Tribunal has no power to extend this time limit under any circumstances
• Most other migration and protection reviews: 28 calendar days from the date DHA notifies the applicant of the decision

The time limit runs from the date the applicant is notified of the decision — not the date of the decision itself. Applicants should seek advice and lodge their application promptly on receiving a DHA refusal or cancellation letter, without waiting until the deadline.

How to apply

To apply for review, the applicant (or their representative) must:

1. Complete the relevant ART application form for the type of decision being reviewed
2. Provide a copy of the DHA letter notifying the applicant of the decision (or, if not available, the date and description of the decision)
3. Pay the application fee (if applicable — some applicants may be fee-exempt or have reduced fees)
4. Lodge the application at an ART registry, by post, by email, or by fax — within the applicable time limit

For processing times, application forms, and registry contact details, refer to the ART immigration and citizenship page.

The review process — from lodgement to decision

After the application is lodged:

1. The ART notifies DHA of the application — DHA must provide the Tribunal with the decision record (the documents and information that were before the original DHA decision-maker)
2. The applicant may submit additional documents and written submissions to the Tribunal
3. The Tribunal may conduct the review on the papers (no hearing) or schedule a hearing — most migration and protection reviews involve at least one hearing
4. At a hearing, the member questions the applicant and considers evidence and submissions from both the applicant and DHA
5. The Tribunal delivers its decision — usually in writing with reasons

After the ART decision — further review

If the ART affirms the DHA decision and the applicant believes the ART made a legal error, the only further avenue is judicial review in the Federal Court of Australia (or the Federal Circuit and Family Court). Judicial review examines legality only — it does not re-examine the merits. For information on judicial review, see the judicial review page. In some circumstances, the Minister may also exercise a personal power to intervene in the public interest — for details, see the ministerial intervention page.

Processing times (2026)

Current ART migration processing times (as of the period October 2025 to March 2026): half of all finalised migration reviews were completed within 1 year and 6 months from lodgement; 95% were finalised within 2 years and 10 months. These are significant wait times — applicants should be aware that review may take a considerable period to resolve. For current processing times, refer to the ART processing times page.

The transition from the AAT to the ART in October 2024 was a major structural reform to Australia's administrative review system. The ART inherited a very large backlog from the AAT — particularly in migration and protection — which contributes to current processing times of 1.5 to nearly 3 years. The 9-day time limit for expedited reviews is the hardest constraint in migration law — there is no discretion to extend it, and missing it is fatal to the application. Applicants who have received an expedited review refusal from DHA (typically offshore entry persons) should seek advice within days of receiving the letter, not weeks. For applicants in regular migration review, the 28-day limit is also strictly enforced and should not be left to the last moment. For current forms, fees, time limits, and the ART's practice directions, refer to the ART immigration and citizenship page.