In October 2024, Australia’s administrative law landscape underwent a significant transformation with the establishment of the Administrative Review Tribunal (ART), replacing the former Administrative Appeals Tribunal (AAT). The ART was created to provide a more streamlined, user-focused, and efficient system for reviewing decisions made by Australian Government agencies, including those related to visa applications.
Transition from AAT to ART
The transition from the AAT to the ART was part of a broader reform aimed at enhancing the transparency and effectiveness of administrative reviews. All pending cases from the AAT were transferred to the ART, ensuring continuity for applicants without the need to reapply.
ART’s Role in Visa Appeals
The ART plays a crucial role in reviewing visa-related decisions made by the Department of Home Affairs, the Minister for Home Affairs, or the Minister for Immigration. This includes decisions on visa refusals and cancellations. Applicants seeking a review must submit their applications within specified timeframes, which vary depending on individual circumstances.
Recent Developments in 2025
In 2025, several key developments have influenced the operations of the ART:
- Amendments to Review Timeframes: The Administrative Review Tribunal (Miscellaneous Measures) Act 2025 extended the application period for individuals in immigration detention seeking a review of migration or protection decisions from seven working days to 14 days from the date of notification. Consequently, Section 13 of the Transitional Rules was repealed as it became redundant.
- Addressing Application Backlogs: The ART has experienced a significant increase in visa appeal applications, leading to an unprecedented backlog of over 82,000 active cases. Reports indicate that approximately 1,000 asylum seekers whose appeals were unsuccessful each month have not departed Australia as required. This situation has raised concerns about potential exploitation of the visa system and prompted discussions on improving the efficiency of the review process.
Navigating the Visa Appeal Process
For individuals considering an appeal to the ART, understanding the process is vital:
- Eligibility: Determine if the ART has jurisdiction to review the specific visa decision. Not all decisions are eligible for review.
- Timeliness: File the appeal within the designated timeframe—typically within 28 days of the decision notification, or 14 days for those in immigration detention.
- Application Submission: Submit a comprehensive application, including all relevant documents and information, either online, by email, or by post.
- Review Process: The ART will assess the merits of the case, considering the evidence and circumstances before making an independent decision.
Given the complexities involved, seeking advice from registered migration agents or legal professionals is advisable to navigate the appeal process effectively.
Conclusion
The establishment of the ART marks a significant evolution in Australia’s administrative review system, particularly concerning visa appeals. Staying informed about the latest developments and understanding the ART’s procedures are essential for individuals seeking to appeal visa decisions in 2025.
