ART review of a visa refusal or cancellation

What this visa is for#

This is for an Administrative Review Tribunal application after a refusal or cancellation. It is a merits review process, not a new visa application. The Tribunal looks at the decision under the law and policy that apply to the review.

Deadlines are strict and often short. A review application usually has to be lodged within the period stated in the refusal or cancellation notice. If that deadline passes, the Tribunal may not have power to accept the application.

This falls under the category: review. The stream is: Merits review.

Who it is generally for#

This visa is for people who have received a reviewable refusal or cancellation decision about an Australian visa matter. It exists to cover people asking the Administrative Review Tribunal to reconsider that decision through merits review.

This visa is for people who want an independent tribunal to look again at the facts, law and material relevant to the original decision. In some matters, the Tribunal can affirm the decision, vary it, set it aside and substitute a new decision, or send it back for reconsideration.

This visa is for people whose decision notice says there is a right to apply to the Tribunal. Review rights depend on the type of decision and the law that applies to that decision.

What it costs#

The government application charge for the main applicant is $3,727. This is the Tribunal application fee, and it is the same no matter who lodges it, whether that is the person named in the decision, a registered migration agent, or an Australian legal practitioner.

Professional fees are separate. A registered migration agent or lawyer may charge for reading the refusal or cancellation notice, checking deadlines, preparing the application, organising evidence, drafting submissions, appearing at a hearing, and managing correspondence. Those professional charges are set by the agent or lawyer, not by the government.

Charges are indexed and usually change on 1 July. Before lodging, it is sensible to check the current Tribunal fee and any professional fee proposal in writing so the scope of work is clear.

How long it takes#

Published processing guidance is: Tribunal listing dependent; commonly 12-36 months. This means there is no fixed timeframe for every case. The pace often depends on the Tribunal's caseload, the type of decision under review, and how quickly documents are provided.

A review matter often moves in stages. There is the initial lodgement, acknowledgment, requests for documents if needed, possible directions or case management steps, and then a hearing if one is required. Some matters resolve on the papers, while others are listed for a hearing later.

Time can also be affected by practical issues. Delays often happen when contact details change, evidence is not ready, documents need translation, or a person misses a Tribunal direction and then has to try to fix the problem.

What the process involves#

The process starts with reading the refusal or cancellation notice carefully. That notice usually states whether there is a review right, the deadline to apply, where to apply, and basic information about the review process. The date of notification matters because review periods often run from that date.

The next step is lodging the Tribunal application and paying the application fee. The application needs to identify the decision being reviewed and include the details the Tribunal requires. Lodgement is usually done online, although the Tribunal publishes its current methods and requirements.

After lodgement, the Tribunal generally sends an acknowledgment and gives the matter a file number. The Department then provides the Tribunal with the documents relevant to the original decision. Those documents often become the starting point for what the Tribunal considers.

The Tribunal may invite further evidence or submissions, or issue directions with a deadline. In practice, this is where people gather updated passports, identity documents, relationship documents, employment records, financial material, police checks, health documents, or other records connected to the issues in the original decision. If documents are not in English, certified translations are commonly needed.

Some matters proceed to a hearing. At a hearing, the Tribunal may ask questions about the facts, documents, dates, travel, work, study, family circumstances, or other issues raised by the decision record. Hearings can be in person, by phone, or by video, depending on the Tribunal's arrangements.

After considering the material, the Tribunal makes a decision. In merits review, the Tribunal can affirm the original decision, vary it, set it aside and substitute a new decision, or remit it for reconsideration depending on the type of matter and the power available under the law.

A review application is separate from visa status. In some situations, a bridging visa may come into effect or continue while the review is on foot, but a bridging visa does not automatically give the same work, travel or study rights as the substantive visa held before the refusal or cancellation decision.

What commonly goes wrong#

The most common problem is missing the deadline. Review time limits are often very short, and the Tribunal may have no power to accept a late application. People sometimes count from the wrong date, assume extra days apply, or wait until they have gathered all evidence before lodging.

Another common problem is lodging the application but not completing follow-up steps. The Tribunal may issue directions, ask for documents, or schedule a hearing. If those notices are missed or ignored, the matter can be decided without material that might otherwise have been considered.

Incomplete evidence causes many difficulties. People often assume the Department already has everything, but a review matter usually depends on the material actually before the Tribunal. Missing pages, unclear scans, untranslated documents, unsigned statements, or evidence that does not match dates in earlier forms can all weaken the record.

Documents can also expire during the review process. Passports, police checks, health assessments and other time-sensitive records may need attention if the matter runs for many months. If an important document expires and no updated version is provided when required, the file may no longer show a current picture.

Changes in contact details are another practical failure point. If the Department or the Tribunal is not told about a new address, email or phone number, important notices can be missed. That includes hearing notices, directions and requests for information.

Some people assume a bridging visa carries the same rights as the substantive visa they held before. That is not always the case. Work rights, travel rights and study conditions can differ, so it is important to read the grant notice and conditions for the bridging visa itself.

Poor consistency across documents is also a recurring issue. Different addresses, unexplained employment gaps, inconsistent travel dates, or relationship timelines that do not line up with bank records and leases can create questions that then need to be answered with reliable evidence.

Finally, people sometimes focus only on why the original decision felt unfair, rather than on the specific issues raised in the refusal or cancellation record. The Tribunal's task is tied to the legal and factual basis of the decision, so clear, organised and relevant material matters more than general disagreement.

Frequently asked questions#

How long do I have to apply to the ART after a visa refusal or cancellation?#

The time limit is set by the law that applies to the decision and is usually stated in the refusal or cancellation notice. These deadlines are strict and often short. A review application lodged after the deadline may not be accepted.

How much is the ART application fee for a visa review?#

The government charge for the main applicant is $3,727. This is the Tribunal fee and it is the same no matter who lodges the application. Professional fees from a registered migration agent or lawyer are separate.

Can I stay in Australia while the ART review is on foot?#

That depends on visa status and whether a bridging visa is granted or continues in effect under the migration framework. A bridging visa does not automatically give the same rights as the previous substantive visa. The visa grant notice and conditions need to be read carefully.

Does the ART look at new documents and new evidence?#

In a merits review, the Tribunal can consider the material before it according to the law applying to the review. That often includes additional documents provided after lodgement. The usefulness of new material often depends on whether it is relevant, consistent and provided by the required deadline.

Do I need a migration agent or lawyer for an ART review?#

People can lodge a review application themselves, or use a registered migration agent or Australian legal practitioner. A professional representative may charge separate fees for preparing the matter, evidence and submissions. The government charge stays the same regardless of who lodges it.

About this page. This is general information about how the ART review of a visa refusal or cancellation (subclass art-review) works. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Charges are indexed and most change on 1 July, so check any figure against immi.homeaffairs.gov.au before you rely on it, and check any agent's registration on the OMARA register.