If you disagree with a visa refusal decision, you may be able to apply for a “merits review” application to Migration and Refugee (M&R) Division of the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) in October 2024. The ART are not bound by the refusal decision made by the Department and will reconsider each case on their own merits. More information about the ART review process and what to expect can be found on our website here.
It is important to note that most refusal decisions must be appealed within 28 days after the notification of the decision. However, this does vary depending on the type of refusal decision, and we recommend you get legal advice.
The cost of an ART review, and how long it will take to get an outcome, is often people’s first questions, which we’ve addressed below.
How much does it cost to apply to the Tribunal?
To lodge an ART review application for most migration decisions you will need to pay an application fee. As at December 2024, this is currently $3,496 (the most current fee can be found here).
You do not have to pay an upfront application fee for a protection visa refusal review, however if your review is unsuccessful you will have to pay a fee of $2,151.
You may be eligible for a fee reduction of 50% if the ART decides that paying the fee would cause you severe financial hardship, however you would first need to pay the full fee, then request a refund on this basis. In such a case, this would bring the fee for most reviews down to $1,748. When assessing fee reduction applications, the ART will consider your capacity to pay the full fee, and whether payment of the full fee would mean you would not be able to meet essential living expenses.
If the review is decided in your favour, you will be refunded 50% of the total amount you paid (50% of either the full fee, or of the reduced fee).
If you withdraw your review application for review, a refund of the fee is only paid in very limited circumstances.
What are the processing times for a Tribunal appeal?
The time taken from when an application for review is made, to when a decision is made varies quite significantly. Unfortunately, a lot of appeals are currently taking several months (even years) to process.
The Tribunal publish their current processing times on their website here, which is broken down by case categories. This includes the processing times for review for bridging, family, nomination/sponsor approvals, partner, permanent business, skilled linked, student cancellation, student refusal, temporary work, visitor, protection, and other.
Processing times in the new ART are yet to be published (having recently been established), but the cases finalised in the AAT between 1 April 2024 to 30 September 2024 are stated as follows:
Partner refusals
- 50% are finalised in 1,280 days
- 95% are finalised in 1,883 days
Student refusals
- 50% are finalised in 327 days
- 95% are finalised in 757 days
Visitor refusals
- 50% are finalised in 410 days
- 95% are finalised in 490 days
Nomination/Sponsor refusals
- 50% are finalised in 977 days
- 95% are finalised in 1,604 days
Temporary Work refusals
- 50% are finalised in 114 days
- 95% are finalised in 1,106 days
Cases are generally prioritised where an applicant is in detention, and where a visa has been cancelled or remitted by the courts.
Can I request priority processing?
The ART (Common Procedures) Practice Direction 2024 provides the for applicants ability to request that their review be expedited. Broadly, this Direction states that the ART will only expedite the review process if it is satisfied that it is appropriate to do so.
For migration-specific reviews, the ART (Migration, Protection and Character) Practice Direction has further provisions for expedited reviews in circumstances where:
- the applicant has applied for a review of a migration or a protection decision to refuse to grant a visa;
- the visa was refused on the basis that the applicant did not meet one or more criteria; and
- the applicant can provide documentary evidence that objectively demonstrates the criterion or criteria are now met.
An example, may be where a visa application was refused on the basis that an applicant did not meet certain English language requirements, but a suitable English language test was/is available. As this is an objective fact (i.e. the applicant either satisfied the relevant English test or they did not), an applicant may be able to apply for an expedited review.
If you believe that case meets the these requirements, you can request that your application for review is assessed as a matter of priority by completing the ‘request for expedited decision’ online form with the ART (see here). Noting that you would be required to fully explain your reasons and provide the appropriate supporting evidence.
Do you require further assistance?
Our Team at Hannan Tew have significant experience in advising on, and assisting with, Tribunal applications.
Our estimated fee for assisting with an ART review is $5,000 (exclusive of GST, Tribunal lodgement fees and other disbursements as may be required). This may differ depending on your individual circumstances so please speak to us directly to get a tailored fixed fee quote.
If you require assistance with an ART review, or have any other immigration related queries, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
