ART Decision Information
ART Visa Appeal
ART provides a final independent merits review of visa and visa-related decisions made by officers of the Department of Home Affairs (the department) acting as delegates of the Minister.
If ART affirms the decision under review, ART has decided that the delegate’s decision should not be changed. The effect of this is that the delegate’s decision remains in force.
If ART sets aside the decision under review, ART has decided that the delegate’s decision should be changed. ART may replace (substitute) the delegate’s decision with a new decision.
If ART remits the decision under review, ART has decided that the delegate’s decision should be reconsidered. The effect of this is that the Immigration Department is required to reconsider the application having regard to any directions made by ART.
If ART decides that ART has no jurisdiction to review the delegate’s decision, ART has decided that ART has no power to review the delegate’s decision.
If you think that ART decision is wrong in law, you may consider seeking judicial review in the Federal Circuit Court of Australia.
Combined applications
In cases involving members of the same family, any document or correspondence given by ART to the primary review applicant or an authorised recipient will, unless otherwise indicated, apply to all members of the family who combined their applications.
What happens next?
After the Immigration Department receives advice of the decision on your review, the Immigration Department will act to give effect to ART's decision. Your immigration status in Australia may change following ART's decision.
If you hold a bridging visa associated with the application that was the subject of the ART’s review, or with a decision to cancel a visa, your bridging visa may cease, depending on ART's decision. One of the following situations may apply:
- Where ART sets aside the decision under review and substitute a decision that your visa be granted, your bridging visa will cease.
- If ART remits the decision under review back to the Immigration Department for reconsideration, your bridging visa will remain in effect while your application is being processed by the Immigration Department.
- If ART affirms the decision under review, deciding that the delegate’s decision should not be changed, or decide ART has no jurisdiction to review a decision, your bridging visa will cease either;
- 35 days after ART's decision is made (if your bridging visa was granted on or after 19 November 2016); or
- 28 days after you are notified of ART's decision (if your bridging visa was granted prior to 19 November 2016).
If you decide to seek judicial review of ART's affirmed or no jurisdiction decision, you may be eligible for a bridging visa that will keep your immigration status lawful throughout this process. You should apply for another bridging visa before your current bridging visa ceases.
The effect on a bridging visa may be different where there is a decision to set aside the decision under review and substitute a decision not to cancel a visa, or that the visa application is invalid.
The Minister may substitute a more favourable decision
The Minister has powers under the Migration Act 1958 to substitute our decision with a decision that is more favourable to the applicant. Generally, the Minister will only do so if there are compelling, compassionate or humanitarian considerations.
Review of decisions
Applicants can apply to the Federal Circuit Court of Australia (the Court) for judicial review of ART's decisions. The Court will consider whether ART made a jurisdictional error. If you wish to apply for review, you must do so within 35 days of the date of ART's decision. If you require an extension of time, you must ask for it in the application and explain why. The Court will decide whether or not to grant an extension of time.
Refund of application fee for review of a migration decision
If you are entitled to get a refund of all or part of the application fee, you will be given a form to provide bank account details for receiving the refund through electronic funds transfer (EFT).
An application fee cannot be refunded where ART affirms the decision under review, and can only be refunded in specific circumstances where an application for review is withdrawn.
