If you’ve received a visa refusal or cancellation, you may be able to seek a merits review at the Administrative Review Tribunal (ART) — Migration & Refugee Division.
What the Administrative Review Tribunal (ART) does
The ART is an independent body that “stands in the shoes” of the original decision-maker. It looks at the law, policy and all the evidence (including new evidence you supply) and then decides the correct or preferable outcome. An ART member can:
- Affirm the decision (leave it as is).
- Set aside the decision and substitute a new one.
- Remit the matter to the Department with directions (the Department must re-decide, following the ART’s guidance).
- Vary the decision in limited scenarios.
Review rights (check your notice)
Not every refusal or cancellation is reviewable at the ART. Review rights depend on the visa, where you were when the decision was made (onshore/offshore), and whether a delegate or the Minister personally made the decision. Your decision notice tells you if ART review is available, who may apply, where to lodge, and the deadline. Read it carefully and act fast.
If ART review is available, lodge within the stated timeframe, supply targeted submissions and any new evidence.
If ART review is not available, you may still have options. These include requesting revocation of a mandatory cancellation (where applicable), seeking judicial review in the courts for jurisdictional error, and, in limited cases after other avenues are exhausted, Ministerial intervention on public-interest grounds.
Missing a review deadline or applying to the wrong forum can close off pathways. If in doubt, get advice immediately.
Deadlines
Deadlines are strict. Most reviewable decisions carry a 28-day limit from notification, while some character decisions allow far less (often 9 days). If you’ve received a Notice of Intention to Consider Cancellation (NOICC), your first priority is that response — typically a very short window (commonly 5 working days onshore; up to 28 days offshore). After a decision issues, the ART is where you ask for a fresh look.
The review process, step-by-step
- Apply on time. File the ART application and pay the fee before the deadline.
- Get the Department’s file. You’ll receive the “T-documents” (the material the delegate relied on).
- Build your case. Address each adverse finding with evidence and submissions. Fill gaps, correct errors, and explain context.
- Hearing or on the papers. Many matters proceed to a hearing (in-person or by video). Bring witnesses where helpful.
- Outcome. The ART will affirm, set aside/substitute, or remit with directions.
Fees and costs
The ART charges an application fee (a partial refund may apply if you win). If seeking assistance, professional fees will usually depend on complexity. Your case may also involve translation, expert, or medical report costs.
If the ART affirms (or if review isn’t available)
Two pathways may remain:
- Judicial review. This is not a second merits review. The court can only review jurisdictional error (legal mistakes in the decision-making process). Strict filing deadlines apply (commonly 35 days).
- Ministerial intervention. Discretionary, rare, and reserved for compelling public-interest circumstances after other avenues are exhausted.
If no other visa is in effect, you will become unlawful. A Bridging Visa E may be available to manage departure, review or other lawful steps (often with limited work/travel rights). Linked family visas can also be cancelled. Future applications can be affected by exclusion periods and Public Interest Criteria that take past non-compliance into account. The exact effect depends on how and why the decision was made. Get tailored advice before you depart, re-apply, or seek waivers.
How Leyton Stone Law can help
Leyton Stone can confirm your review rights and time limits, then obtain the T-documents. We can build a focused case theory, draft targeted submissions, prepare you and/or any witnesses, and appear for you at the ART. If court review or Ministerial intervention becomes relevant, we’ll advise on timing, prospects, and next steps.
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Disclaimer: The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.