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If your visa application has been refused by the Department of Home Affairs, you may have the option to seek a merits review through the Migration and Refugee (M&R) Division of the Administrative Review Tribunal (ART). This independent tribunal reassesses government decisions to ensure they are fair and correct.

This guide provides an in-depth overview of the ART visa refusal appeal process and what you can expect.

Note: In October 2024, the ART replaced the former Administrative Appeals Tribunal (AAT), with all pending matters from the AAT transferred to the ART.

Common Reasons for Visa Refusal
Visa refusals can be stressful and challenging. Understanding the reasons for refusal can help you prepare a stronger application or appeal. Common causes include:

• Not meeting eligibility requirements
• Incomplete or insufficient documentation
• Concerns over the authenticity of submitted information
• Health or character issues

Frequent changes to immigration policies may also affect visa outcomes, making it important to stay informed.

When a visa is refused, the Department of Home Affairs will provide documentation detailing the reasons for refusal, such as the notification of refusal and the refusal decision record. After a refusal, you should consider:

• Your current immigration status
• Eligibility to apply for other visas
• Whether you are eligible to appeal the decision

The Role of ART
The ART is an independent tribunal that reviews decisions made by the Australian Government. The M&R Division specifically handles visa applications from the Department of Home Affairs.

The ART is not bound by the original decision and considers each case on its own merits. Its goal is to provide a fair and impartial review, taking into account all evidence and relevant circumstances. Certain visas, such as fast-track humanitarian visas, are not reviewable by the ART.

Timeframes for Lodging an Appeal
Most visa refusal decisions must be appealed within a specified timeframe, which depends on the type of refusal. The Department of Home Affairs’ decision letter will outline the applicable timeframe. Appeals lodged after the deadline will not be accepted, so it is critical to act promptly.

Costs of an ART Appeal
Most ART applications require an upfront fee, currently $3,580. Applicants experiencing financial hardship may be eligible for a 50% fee reduction, but the full fee must first be paid and a refund requested.

• If the appeal is successful, 50% of the fee is refunded.
• Protection visa reviews do not require an upfront fee, but an unsuccessful appeal incurs a fee of $2,203.
• Legal representation costs should also be considered.
• Withdrawn applications are only refunded in limited circumstances.

Scheduling and Duration of Hearings
While ART-specific processing statistics are not available, former AAT data provide a guideline. Review times varied widely, from several months to years, depending on visa type and complexity.

• Bridging visas: 50% completed within 11 days, 95% within 343 days
• Partner visas: 50% within 1,249 days, 95% within 1,877 days
• Student visas (refusals): 50% within 341 days, 95% within 761 days
• Temporary work visas: 50% within 133 days, 95% within 1,103 days
• Visitor visas: 50% within 413 days, 95% within 494 days
• Protection visas: 50% within 1,756 days, 95% within 2,243 days

Legal Assistance
Legal representation is not mandatory, but the ART process can be complex. Experienced migration lawyers or agents can help by:

• Assessing prospects of success: Evaluating reasons for refusal, available evidence, and potential new information

• Assisting with documentation: Preparing statutory declarations, expert opinions, and witness statements

• Preparing grounds of appeal: Addressing refusal reasons thoroughly and highlighting the strongest points of your case

What to Expect at an ART Hearing
Format and Location
Hearings are generally less formal than court proceedings and may be conducted: In person, by video conference, or by telephone. The invitation letter specifies the date, time, and venue.

Participants
The hearing typically includes: The ART Member (decision-maker), hearing attendants, an interpreter (if required), and your legal representative (if appointed). You may also have witnesses or a support person with prior ART approval.

Preparation
Bring the following to your hearing: Invitation letter, photo identification, and any additional documents not previously submitted. 

During the Hearing
Arrive early and confirm your identity. You may be asked to take an oath or affirmation. The ART Member will outline the role of the tribunal, explain interpreter procedures if relevant, and summarize the legal issues. You will then present your case and respond to questions.

Decision Outcomes
The ART may issue decisions weeks or months after the hearing. Decisions are provided in writing and can:

• Affirm the original decision

• Vary the decision in a specific way

• Set aside the decision, declaring it incorrect

• Remit the decision back to the Department with instructions

A positive decision often results in your application being remitted to the Department for further processing, which may require additional information, health checks, or updated police certificates.

If the decision is not in your favor, a judicial appeal to the Federal Circuit and Family Court of Australia (FCFCA) may be possible in cases of jurisdictional error. Legal advice is essential for pursuing further appeals.

Understanding visa refusal reasons and the ART appeal process is vital for maximizing your chances of success. While the ART has been replaced by the AAT, knowledge of its procedures and review approach remains valuable for historical cases and understanding the merits review system.