On 14 October 2024, the Administrative Appeals Tribunal (AAT) ceased to exist. In its place, the Australian Government stood up the Administrative Review Tribunal (ART) — a fundamentally reformed body created under the Administrative Review Tribunal Act 2024. If you have a visa refusal or cancellation you want to challenge, here is everything you need to know.
Why Was the AAT Abolished?
The AAT had been under sustained criticism for years. A 2023 Senate committee inquiry and the government's own consultation process found that the tribunal had become slow, inconsistent, and expensive. Wait times in the Migration and Refugee Division had blown out to more than two years for many cases. Appointment processes were seen as politicised. The backlog sat at more than 60,000 cases at its peak.
The Albanese Government committed to a root-and-branch reform. Rather than patch the old system, it legislated an entirely new tribunal with different governance, different structures, and a stronger focus on timely, quality decision-making.
What Changed When the ART Launched
1. New Name, New Legislation
The ART operates under the Administrative Review Tribunal Act 2024. All references to the AAT in migration law were updated so that decisions previously reviewable by the AAT are now reviewable by the ART. In practice, the types of migration decisions you can challenge remain the same — the legislative gateway has simply been renamed.
2. New Divisional Structure
The ART is organised into six divisions, with migration and refugee matters sitting in the Migration and Refugee Division — the same functional unit that existed within the AAT, now with clearer resourcing and leadership accountability. The other divisions cover areas such as general administrative review, social services, taxation, and veterans matters.
3. Independent President and New Governance
The ART is headed by a President who must be a federal court judge. This is a significant governance change: the AAT's most senior appointments were executive positions that attracted controversy. The new structure insulates the tribunal's leadership from political interference and aligns it more closely with court-like independence.
4. Stronger Focus on Alternative Dispute Resolution
The ART Act places a statutory obligation on the tribunal to actively facilitate resolution of matters before a full hearing wherever appropriate. This means conciliation conferences and case management hearings are now more structured and deliberately used to narrow issues and, where possible, resolve cases without a formal merits hearing.
5. Case Management Reforms
The ART inherited the AAT's massive backlog and began case streaming — categorising matters by complexity and age and routing them to appropriate processes. Legacy cases (those lodged before October 2024) were transferred automatically. New matters lodged from 14 October 2024 onwards are treated as ART applications from the outset.
What Stayed the Same
The Types of Migration Decisions You Can Review
The same categories of migration decisions that were reviewable by the AAT remain reviewable by the ART. These include:
- Refusal or cancellation of a temporary visa (student, visitor, work, partner, etc.)
- Refusal or cancellation of a permanent visa (skilled, family, employer-sponsored)
- Character-based cancellations under s 501 of the Migration Act
- Decisions to revoke a sponsorship or nomination for employer-sponsored visas
- Decisions on protection visa applications (in the Migration and Refugee Division)
Not all decisions can be reviewed. Ministerial decisions made in the public interest (e.g., under s 501A or s 501B character provisions, or s 351/417 discretionary interventions) remain non-reviewable by the tribunal.
Application Deadlines
The time limits for lodging a review application are unchanged. For most migration decisions, you have 21 days from the date of the decision letter to lodge an ART application if you are onshore, and 70 days if you are offshore. For protection visa decisions, different timeframes may apply. These deadlines are strict — missing them means the tribunal has no jurisdiction to hear your case.
The Merits Review Standard
The ART, like the AAT before it, conducts merits review. This means the tribunal stands in the shoes of the original decision-maker, considers all the evidence afresh, and can substitute its own decision. It is not a judicial review — the focus is on whether the correct and preferable decision was made on the facts, not merely whether the Department followed legal procedure.
Practical Implications for Visa Applicants and Holders
If Your Case Was Already at the AAT
Applications lodged before 14 October 2024 were automatically transferred to the ART. You do not need to re-lodge. Your application reference number remained the same; only the tribunal name changed. The ART has been contacting parties to confirm transfer details and schedule matters under its new case management framework.
If You Received a Refusal or Cancellation After 14 October 2024
You lodge your application directly with the ART using the ART's online portal. The process is similar to what it was at the AAT — submit the application form, pay the application fee, and attach the decision letter and any supporting documents you want considered. The tribunal will then contact you to schedule the matter.
Application Fees
Application fees for migration review matters at the ART are set by regulation. As at the date of this article, the standard fee for a Migration Review Division matter is $3,496 (with reduced fees available for eligible applicants). These fees are broadly comparable to AAT fees. Always check the ART's official fee schedule at the time you lodge, as fees are indexed periodically.
Should You Represent Yourself or Use a Migration Agent?
Tribunal proceedings are adversarial: the Department of Home Affairs will typically appear and argue for its original decision. The ART's hearing format — witness examination, written submissions, legal argument — is unfamiliar territory for most applicants. Representation by a MARA-registered migration agent or a migration lawyer significantly improves your prospects for several reasons:
- Case theory: An agent can identify the strongest legal and factual arguments and frame your case clearly for the tribunal member.
- Evidence: Knowing what evidence will actually move a tribunal member — and how to present it — is a practitioner skill built from experience.
- Deadlines: Missing a filing deadline or procedural step can be fatal to your application. An agent tracks these for you.
- Alternative outcomes: In some cases an agent can negotiate with the Department before a hearing to achieve a consent outcome or identify a parallel pathway (e.g., a bridging visa while a new application is prepared).
If cost is a concern, it is worth noting that some community legal centres provide migration advice, and the ART itself has a self-represented applicant support service — though this service explains process, not legal strategy.
Key Dates and Transition Timeline
- August 2024: Administrative Review Tribunal Act 2024 receives Royal Assent
- 14 October 2024: ART formally established; AAT abolished; all pending cases transferred
- October 2024 onwards: ART begins active case management under new framework
- 2025: ART publishes updated practice directions and guidance notes for each division
Where to Find Official Information
The ART's official website is art.gov.au. It contains the application portal, fee schedule, practice directions, and guidance on self-representation. For migration-specific guidance, the Department of Home Affairs website also explains which decisions can be reviewed and the applicable timeframes.
The Bottom Line
The AAT is gone, but the right to challenge an adverse migration decision remains. The ART inherits the same jurisdiction with a reformed structure, independent leadership, and a statutory mandate to manage cases more efficiently. If you have received a visa refusal or cancellation, the 21-day clock starts from the date on your decision letter — act quickly and get professional advice before that deadline passes.
Global Migrations assists clients with ART applications across all visa categories. If you have received a refusal or cancellation and want to understand your review options, contact us for a consultation.