The Administrative Review Tribunal

The Administrative Review Tribunal – Immigration Lawyers NSW

The Administrative Review Tribunal (the Tribunal) reviews decisions regarding general visa applications and protection visas. The Administrative Review Tribunal took over the roles of the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA) on October 14, 2024. Cases that were previously being heard in the AAT and the IAA were automatically transferred to the new Tribunal on that date.

Review of Visa Decisions

If your application for a visa to visit, enter or stay in Australia is refused, you may be able to appeal the decision. The Administrative Review Tribunal has the authority to consider appeals of decisions regarding protection visas and general visa applications. This includes decisions by the Department of Home Affairs of visa cancellation based on character grounds.

If you have received a decision that you disagree with, we may be able to assist you with applying for a review of your case. The Tribunal has the ability to review some, but not all, decisions about visas made by the Department of Home Affairs, the Minister for Home Affairs, or the Minister for Immigration.

Administrative Review Tribunal Divisions

The Administrative Review Tribunal (ART) has two main divisions that affect migration matters:

The Migration and Refugee Division – This division is responsible for reviewing most visa refusal decisions made by the Department of Home Affairs
The General Division – This division is responsible for reviewing most character-related visa decisions or citizenship refusals

The Administrative Review Tribunal (ART) has jurisdiction to review decisions concerning various visa categories and citizenship matters, including:

Bridging visas – Temporary visas allowing lawful stay while other applications are processed
Family visas – Visas for family members to join relatives in Australia
Nomination/sponsor applications – Employer nomination and sponsorship decisions
Partner visas – Visas for spouses, de facto partners and prospective marriage partners
Permanent business visas – Business investment and innovation visa categories
Skilled visas – Independent skilled migration and employer-sponsored visas
Student visas – Educational institution enrollment and study permits
Temporary work visas – Short-term and long-term work authorization visas
Some visitor visas – Tourist and business visitor visa categories
Some humanitarian visa categories – Refugee and humanitarian protection visas

What Decisions Can the ART Make?

When the Administrative Review Tribunal (ART) member makes a decision, they may choose to confirm, modify, annul, or refer back to the decision made by the Department of Home Affairs.

If the ART confirms the decision – The original Department of Home Affairs decision remains unchanged. Consider your options such as appealing in court, applying for a different visa, or departing Australia
If the ART modifies a decision – The original Department of Home Affairs decision is altered in some way to address specific issues
If the ART annuls a decision – The ART agrees that the original Department of Home Affairs decision was incorrect, either wholly or partially
If the ART refers back a decision – The matter is sent back to the Department for a new decision following ART's instructions. This indicates a successful appeal outcome

Types of ART Appeals

Migration Visa Refusal or Cancellation Appeal

Immigration lawyers at Sultan Legal can help you appeal decisions made under the Migration Act 1958 to refuse or cancel different types of visas. The Migration Act and the Migration Regulations 1994 list all the decisions which are reviewable and appealable in ART. Our immigration lawyers will decide if they can apply for the appeal and where to apply for it after reviewing your decision letter from the Department of Home Affairs.

Protection (Refugee) Visa Refusal or Cancellation Appeal

Our protection visa lawyers can help you apply for a review of a decision made under the Migration Act 1958 to refuse or cancel protection visas. You may request a review of the decisions made under section 197D of the Migration Act. However, it's important to note that the Administrative Review Tribunal (ART) cannot:

Review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration – Ministerial discretion decisions are not reviewable
Review a decision if you are not entitled to apply for a review – Certain categories of decisions fall outside ART jurisdiction

Character-Related Visa Refusal or Cancellation

The Administrative Review Tribunal (ART) has the authority to reassess visa cancellations made under the Migration Act 1958, including but not limited to:

Refusals or cancellations of any visa, including protection visas, based on character grounds under section 501 – Character test failures and criminal history assessments
Decisions about not to revoke the mandatory cancellation of a visa based on character grounds under section 501CA – Mandatory cancellation review decisions
Refusals of protection visas on character grounds as outlined in sections 5H(2), 36(1C), or 36(2C) – Character-based protection visa refusals

Australian Citizenship Refusal or Cancellation

Visa and citizenship lawyers at Sultan Legal offer services to reassess a decision issued by the Department of Home Affairs, the Minister for Home Affairs, or the Minister for Immigration with regards to:

Refusing Australian citizenship visa – Citizenship application denials and eligibility assessments
Revoking the approval given to obtain Australian citizenship – Withdrawal of previously granted citizenship approvals
Refusing an individual's reapplication for Australian citizenship – Subsequent citizenship application denials
Refusing to approve an individual's renouncement of their Australian citizenship – Denial of citizenship renunciation requests
Withholding a notice confirming an individual's Australian citizenship status at a specific time – Citizenship evidence and documentation issues
Revoking an individual's Australian citizenship – Citizenship cancellation and revocation decisions

Nomination Refusal

Migration lawyers at Sultan Legal can help you lodge an appeal in ART against the nomination refusal decision regarding an occupation, activity or position.

Sponsorship

Strict time limits apply when applying for a review. The easiest and safest way to apply for a review is online. To apply online, you will need a valid email address and information about the decision you want us to review. You are required to submit all the relevant documents and information in ART and once submitted, you will receive an automatic confirmation. To make sure you are not missing an important document, we recommend booking a consultation with immigration lawyers in NSW or your relevant state.

Fast Track Visa Refusal Appeals

Fast track reviewable decisions are when the Minister for Immigration and Border Protection, or their delegate, decides not to give a protection visa to a fast track applicant. Our immigration lawyer can help you if your case has been referred to ART.

ART can review refusal and cancellation decisions for Temporary Protection Visas (TPV) and Safe Haven Enterprise Visas (SHEV) made under the Fast Track visa program. If your TPV or SHEV application has been refused by the Department of Home Affairs, your case will usually be automatically sent to the ART for review. However, there are some exceptions to this, so it's important to consult an immigration lawyer and carefully read your visa refusal letter to find out if your case has been automatically referred.

Do I Need a Lawyer to Appeal?

To learn more about the timelines, requirements and documents necessary for different visa appeals in ART, we recommend that you book a consultation with an immigration lawyer. If your visa application has been denied, visa refusal lawyers will:

Check if you are eligible to appeal against the decision – Assessment of your appeal rights and jurisdictional requirements
Inform you about the different options available to you – Comprehensive review of all possible legal pathways and alternatives
Explain how much it will cost to go through the appeal process – Transparent fee structure including application fees and hearing costs

You'll need to pay a fee when you file your appeal and another fee when the appeal is scheduled for a hearing.

Appealing Decisions of the Tribunal

If you apply for a review of a decision at the Tribunal and you lose, you may be able to appeal to the Federal Circuit Court. This is a different kind of appeal. You have to show that the Tribunal made a legal mistake in the way that it conducted your case. The grounds for appeal are very limited, and you will definitely need a lawyer to help you.

Get legal advice immediately before appealing to the Federal Court.

FAQs

What is the difference between the old AAT/IAA and the new Administrative Review Tribunal?
The Administrative Review Tribunal replaced both the AAT and IAA on October 14, 2024. All existing cases were automatically transferred to the new Tribunal on that date.

How long do I have to apply for a review?
Strict time limits apply and vary depending on the type of decision. It's crucial to act quickly and seek legal advice immediately after receiving your refusal decision.

Can all visa decisions be appealed to the ART?
No, the ART can only review specific decisions listed in the Migration Act and Regulations. Some decisions, particularly those made personally by Ministers, cannot be reviewed.

What happens if I win my ART appeal?
If successful, the ART may annul the original decision, modify it, or refer it back to the Department for reconsideration. This doesn't automatically grant your visa - you may need to wait for the Department to make a new decision.

Can I represent myself at the ART?
While you can represent yourself, immigration law is complex and the stakes are high. Professional legal representation significantly improves your chances of success.

Book a Consultation with an Expert Visa Refusal Lawyer

Sultan Legal has a team of the best immigration lawyers who have vast experience in dealing with different kinds of visa refusals. If you want to apply for ART review, contact us immediately. Australia's strict immigration policies necessitate complete and accurate visa applications supported by all required documents. Consulting with a skilled migration lawyer can be crucial in appealing against visa refusals.

📞 Call us today or contact Sultan Legal to speak with an experienced immigration lawyer about your ART appeal.

🡒 Related Services:

Migration Visa Refusal Appeals – Comprehensive visa refusal appeal services
Protection Visa Appeals – Refugee and humanitarian visa appeal representation
Character-Related Visa Appeals – Character test and criminal history visa appeals
Citizenship Appeals – Australian citizenship refusal and cancellation appeals

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