The Administrative Review Tribunal (ART) provides an independent review of certain administrative decisions made under Australian Commonwealth laws. For visa applicants and holders, this means the ART may be able to review decisions to refuse or cancel a visa under prescribed circumstances.
A merits review means the ART does not simply check for legal errors – it reassesses the matter entirely. The Tribunal considers:
This process provides applicants with another opportunity to have their case properly considered.
Not all visa-related decisions are reviewable by the Tribunal. The types of decisions that may be reviewable include:
Each case depends on specific legislative provisions. If you receive a refusal or cancellation, it’s important to act quickly, as strict time limits apply to lodging an application for review.
At Starks Immigration Services, we provide comprehensive assessments to determine whether your decision can be reviewed by the ART, guidance on preparing a strong case for Tribunal review, and representation and advocacy to help you present your case effectively. Our experienced migration team ensures you understand your rights and options throughout the review process.
At Starks Immigration Services, we provide personalized support from the very beginning—starting with your Expression of Interest (EOI), all the way through to your final visa grant. Our team makes sure you understand each step clearly, so you can move forward with confidence and avoid costly mistakes.
Australian immigration laws and policies change frequently. At Starks, we stay on top of the latest updates to provide you with accurate and timely advice. Our trusted guidance ensures your application is aligned with current regulations, improving your chances of a successful outcome.
Has your visa been refused or cancelled? Time is critical.
The ART provides an independent merits review of certain administrative decisions, including some visa refusals and cancellations.
Yes. The ART can set aside the refusal and make a new decision in your favour if the evidence supports it.
Time limits are very strict and usually range from a few days to a few weeks after receiving the decision.
It is not mandatory, but professional assistance can significantly strengthen your case and ensure deadlines and requirements are met.
If the ART affirms the decision, the refusal or cancellation remains in place. In some cases, you may be able to seek judicial review in court.