How to lodge a protection visa review in the ART
If the Department of Home Affairs refuses or cancels a protection (refugee) visa, you can apply for merits review by the Administrative Review Tribunal (ART) — Migration and Refugee Division — under Part 7 of the Migration Act 1958 (Cth) and the Administrative Review Tribunal Act 2024 (Cth). The time limit is short — usually 7 or 28 days depending on where you are — and the process is fact-driven.
The framework
Review is governed by Part 7 of the Migration Act 1958 (Cth) combined with the Administrative Review Tribunal Act 2024 (Cth). The Tribunal applies the refugee criterion in section 36 and Australia's complementary protection obligations.
The process
Read the refusal decision carefully
The Department's decision record sets out the findings on credibility, country information, and the protection criteria. Identify the specific findings you disagree with. The reasons will inform your review submissions.
Check the time limit
Protection visa review time limits are tight — often 7 working days from notification if you are in detention, or 28 days if you are in the community. Section 412 of the Migration Act 1958 (Cth) governs. The Tribunal cannot extend.
Assess whether review is available
Some decisions — including a character cancellation under section 501 — are not reviewable by the ART Migration and Refugee Division. Confirm review rights on the decision letter or with a registered migration agent.
Lodge the application
Lodge online via the ART Migration and Refugee Division portal at art.gov.au. Include the decision record, passport and visa details, and a brief statement of why you seek review. Pay the fee or confirm exemption.
Department provides the review file
The Department sends the Tribunal the file it relied on to refuse the application. Request a copy — you are entitled to see most of it and should review it for factual errors.
Prepare additional evidence
Gather new country information, witness statements, psychological or medical reports, and corroborating documents. The Tribunal conducts a fresh merits review and can consider new evidence.
Draft written submissions
Submissions should address the refugee criterion, complementary protection, credibility findings, and any specific country risks. Cite recent country reports and relevant case law on "real chance" and "persecution".
Attend the Tribunal hearing
Hearings are usually in person or by video. A Member asks detailed questions about your claims, your country of origin, and your personal circumstances. You can bring an interpreter at no cost.
Post-hearing submissions if invited
The Tribunal may invite further information under section 424A or 424AA. You must respond within the specified timeframe — usually 14-28 days. Missing this timeframe can result in an adverse decision.
Decision and judicial review
The Tribunal can affirm, vary, or remit the decision. If unfavourable, you can seek judicial review in the Federal Circuit and Family Court (Division 2) within 35 days on a jurisdictional error ground.
Forms and templates
Common mistakes
- Missing the 7 or 28-day review window
- Not updating the Tribunal with a new address or contact number
- Failing to respond to a section 424A invitation on time
- Providing country information that is outdated or unsourced
- Assuming the Tribunal will translate documents — you must provide certified translations
Get this process right with Quillio
Quillio can help organise the claims statement, summarise country information, and structure written submissions tied to the refugee criterion. See /practice-areas/migration-law or start a free trial.
This guide is general information, not legal advice. Protection visa matters are high-stakes — engage a registered migration agent or immigration lawyer. Free help is available from the Immigration Advice and Application Assistance Scheme (IAAAS) for eligible applicants.
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