Applying for merits review of a visa decision in the ART
Merits review is a fresh consideration of the decision on the same material. ART stands in the shoes of the delegate and can affirm, vary, set aside, or remit. Strict time limits apply, and much of the outcome is set by the written material and the hearing presentation.
This is an 8-step workflow for seeking merits review of a visa refusal or cancellation in the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024.
Before you start
- Decision record (notification letter, statement of reasons)
- Original visa application and supporting material
- Any new evidence obtained after the decision
- Client instructions on standing and review rights
The workflow
Confirm review rights and time limit
Check whether the decision is ART-reviewable and calendar the application deadline — usually 21 days, some categories shorter (7 days for BVE-related, 9 days for detained).
Lodge the review application
Lodge via the ART portal with the prescribed fee or fee waiver request. Lodgement stops the decision from becoming final and may trigger a bridging visa.
Obtain the Department file
Obtain the full Department file under s 362A. This is the material the delegate had. Identify evidence gaps and matters that were misunderstood.
Identify the criteria in issue
Identify the visa criteria the delegate found not met. Focus review material on those criteria and the "information" the delegate relied on.
Gather new evidence
Under the ART, the applicant can put on fresh evidence. Build a comprehensive evidence pack addressing the disputed criteria. Statutory declarations, employer letters, and expert reports are common.
Draft written submissions
Draft submissions applying the Migration Regulations to the evidence, addressing the delegate's reasoning, and proposing the preferred and correct decision.
Prepare for the hearing
Prepare the applicant for the hearing — brief them on likely questions, review key evidence, and run a practice session. Engage an interpreter if required.
Manage the decision and onward options
The ART may decide at hearing or reserve. Address any s 359A invitations to comment within time. If adverse, consider judicial review within 35 days.
What you will have at the end
Either the Department's decision set aside in favour of the applicant, the matter remitted with directions, or a crystallised record for onward judicial review.
Common issues
- Late review applications — hard time limits rarely extended
- Missing s 359A invitation responses within time
- Relying on the same evidence that was before the delegate
- Not engaging with the delegate's specific findings
- Overlooking the 35-day judicial review window after an ART decision
Run this workflow on a real matter
Quillio drafts ART submissions criteria-by-criteria, maps Department file material, and calendars s 359A and judicial review windows. See /practice-areas/immigration-lawyers.
This workflow is a general guide. The ART replaced the AAT on 14 October 2024 — transitional arrangements may apply to applications lodged before that date.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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