ART Appeals

What the Tribunal can review

The ART can review some though not all decisions made by the Department of Home Affairs and the Ministers for Home Affairs and Immigration. These include refusals and cancellations across visas and citizenship, as well as employer-related decisions like nominations and sponsorships.

Migration visa refusals or cancellations

If your application for a migration visa was refused, or your visa was cancelled, you may be able to ask the Tribunal to reconsider the decision. This can apply to various visa subclasses and circumstances depending on eligibility and time limits.

Protection (refugee) visa refusals or cancellations

Applicants whose protection (refugee) visas are refused or cancelled can seek review. The Tribunal reassesses the merits of the case, considering country information and any new relevant evidence permitted by law.

Character-related visa decisions

Where a visa is refused or cancelled on character grounds (for example, under section 501 of the Migration Act), the ART may review the decision. Reviews assess whether the original decision was the correct and preferable one in light of the evidence.

Australian citizenship refusals or cancellations

If your citizenship application was refused, or your citizenship was cancelled, you may be eligible for Tribunal review. The ART examines the decision against relevant criteria, including good character and residency requirements.

Nomination refusals

Employers and applicants can seek review of decisions refusing the nomination of an occupation, activity, or position associated with employer-sponsored visas. The Tribunal considers whether the nominated role and employer meet the program’s requirements.

Sponsorship decisions

The ART can review decisions to bar a sponsor, refuse to approve a sponsorship, or cancel an existing approval. This provides sponsors an avenue to challenge findings and present supporting evidence.

Applying, managing your case, and daily listings

You can apply for a review online, manage your case through the ART portal, and check daily listings to see hearing schedules and outcomes. Strict application deadlines apply refer to your decision notice for the time limit.

Language help and website translation

The website offers a translation feature for people who speak languages other than English. Important notes about accuracy and limitations are provided before using this tool to ensure you understand critical information.

Acknowledgement of Country

The Administrative Review Tribunal acknowledges the Traditional Owners and Custodians of Country throughout Australia, recognizing their ongoing connection to land, waters, and communities, and paying respects to Elders past and present.