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When the Department of Home Affairs made a visa decision that you believed was incorrect—such as refusing or canceling a visa—you could be eligible for a merits review by the Administrative Review Tribunal (ART). The ART was an independent statutory tribunal that reviewed certain decisions made by Australian government departments, including immigration and visa decisions, to determine whether the original decision was correct.

A hearing before the ART allowed applicants to present their case afresh, with the decision-maker assessing all evidence, facts, and circumstances, not only procedural compliance.

What was the ART?
The Administrative Review Tribunal (ART) was established to provide an independent merits review of government decisions. It operated until 2015, when it was merged into the Administrative Appeals Tribunal (AAT). The ART’s role was similar to the current AAT: to reassess decisions made by departments like the Department of Home Affairs, including visa refusals or cancellations, ensuring they were fair and correct.

Today, the AAT continues the function of the ART, providing a formal merits review for immigration and other government decisions, with updated processes and broader jurisdiction. Understanding ART helps explain how the current AAT system evolved.

Not all government decisions were reviewable. Your Department of Home Affairs decision letter would indicate whether a review through the ART (or now AAT) was possible.

What to Expect to an ART Hearing:
Format & Venue
ART hearings were generally less formal than court proceedings. They could be held in person, by telephone, or via video conference, depending on circumstances. As for duration-wise, some hearings lasted under an hours, while complex cases could take several hours or require multiple sessions.

Who Would Be Present?At your ART hearing, you could expect:

• The ART Member (decision-maker)
• A hearing attendant (managing check-in and administrative tasks)
• An interpreter (if required)
• Your legal representative (if you engaged one)
• Possibly a support person or a witness (with Tribunal approval)

Advance notification was required for witnesses or support persons.

Before the Hearing
Applicants would receive an invitation from the ART specifying the date, time, venue, and deadlines for submitting documents or confirming attendance. It was recommended to:

• Review the Department’s decision letter and prior submissions
• Identify any new evidence or changes in circumstances to present
• Seek legal advice if the case is complex

You could also request the “merits review file” from the Department of Home Affairs, which contains the documents the ART would review.

At the Hearing
Applicants were advised to arrive early (at least 15 minutes) and bring photo identification and the invitation letter.

The hearing attendant might ask the applicant to take an oath or affirmation to tell the truth.

The ART Member would explain their role, clarify the interpreter’s role if needed, and outline key issues. Applicants then had the opportunity to present their case, respond to questions, and submit additional documents. Clarification could be requested at any time.

At the end, the Member could ask whether any remaining issues needed to be addressed. Additional written submissions could sometimes be provided after the hearing.

After the Hearing
The ART would issue a written decision, which could take weeks or months, depending on complexity.

If the decision was favorable, the Department of Home Affairs would reassess the matter. If not, options were limited, but in some circumstances, judicial review in a court was possible. Legal advice was recommended in such cases.

Key Tips for Preparation

• Understand the reasons in your Department of Home Affairs decision letter.
• Note all deadlines and instructions in the ART invitation
• Organize all relevant documents, including any new evidence
• Notify the Tribunal if an interpreter or support person was required
• Be honest, clear, and consistent in your statements
• Seek advice from a migration lawyer or accredited representative if unsure

Although the ART no longer exists, understanding its process is valuable for historical context and for cases reviewed before 2015. The ART provided an independent merits review of Department of Home Affairs decisions, giving applicants the opportunity to present their case fairly and effectively. Today, this role continues under the Administrative Appeals Tribunal (AAT), which maintains and expands the ART’s original functions.