How to lodge a migration review with the ART (Migration and Refugee Division)
You lodge a migration review application with the Administrative Review Tribunal (ART) Migration and Refugee Division within strict statutory time limits set by the Migration Act 1958 (Cth) — typically 21 days for onshore visa refusals (sometimes shorter). The ART replaced the AAT on 14 October 2024.
The framework
Migration reviews are governed by Parts 5 and 7 of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). The Administrative Review Tribunal Act 2024 (Cth) governs general procedure.
The process
Read the refusal/cancellation letter
The Department of Home Affairs decision letter sets out review rights, the time limit, and how to apply. The time limits are strict and largely non-extendable.
Confirm review rights and jurisdiction
Not every decision is reviewable. Many onshore visa refusals are reviewable; many offshore decisions and most character cancellations have limited or no review pathways. Check the relevant section of the Migration Act 1958.
Note the strict time limit
Time limits range from 7 days (some bridging visas) to 21 or 28 days, depending on the visa class and decision type. The ART has no power to extend most migration time limits, so calculate carefully and lodge early.
Lodge the application online
Lodge through the ART online portal (art.gov.au). Include the decision letter, reference numbers, and applicant details. Pay the application fee.
Pay the application fee
A migration review application fee applies (varies by visa class). The fee is generally only refundable in part if the application is successful. Some applicants are exempt.
ART obtains the Department file
The ART requests the Department of Home Affairs file relating to the decision. The applicant has the right to inspect non-confidential documents under section 362A of the Migration Act 1958.
Provide additional submissions and evidence
You can provide additional statements, expert reports, and supporting documents. Submissions should address the criteria in the relevant Migration Regulations and the visa subclass requirements.
Hearing invitation
The ART will usually invite you to a hearing under section 360 of the Migration Act 1958. Hearings are generally inquisitorial and held in English (with interpreters where requested).
Decision
After the hearing, the ART affirms, varies, or sets aside the Department's decision and may remit the matter with directions. Decisions are usually given in writing.
Further review options
Adverse ART decisions may be challenged in the Federal Circuit and Family Court of Australia (Division 2) on jurisdictional error grounds within 35 days under section 477 of the Migration Act 1958.
Common mistakes
- Missing the statutory time limit (no extensions available)
- Treating the ART as a fresh visa application
- Not addressing the regulatory criteria
- Submitting evidence after the hearing without permission
- Missing the 35-day federal court appeal window
Get this process right with Quillio
Quillio can help analyse the decision, draft a statement of grounds, and prepare hearing submissions addressing visa subclass criteria. See /practice-areas/migration-law or start a free trial.
This guide is general information, not legal advice. Migration matters are complex and time limits are strict. Engage a registered migration agent or immigration lawyer.
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