ART merits review
A visa refusal or cancellation is not necessarily the end of the road. The ART re-decides your case on its merits — and since 2026, more of those decisions are made entirely on the written material. We prepare your review so it is ready to win on the papers.
Strict deadlines
Lodgement windows are short and strictly enforced — for many refusals as little as 21 days, and far shorter in detention and character matters. Check your decision letter immediately: a late application generally cannot be accepted.
Urgent intakeWhat a merits review is
The Administrative Review Tribunal (ART) replaced the AAT on 14 October 2024. On review, the Tribunal steps into the shoes of the original decision-maker and decides what the ‘correct and preferable’ decision is — a fresh, ‘de novo’ look at your case, not just a check of the Department’s reasoning.
That means new evidence, updated circumstances and properly framed legal submissions can all be put before the Tribunal. As solicitors, we prepare the written case, brief witnesses and appear at any hearing on your behalf.
A remittal — the Tribunal sending your case back to the Department with a direction that the relevant criteria are met — is the outcome we work towards. No outcome can be promised: merits review is decided on the evidence and the law, which is exactly why preparation matters.
The ART in 2026
‘On the papers’ reviews
Under the ART Amendment Act 2026, the Tribunal decides certain temporary-visa refusal reviews without an oral hearing — starting with student visa refusals from 18 May 2026 and expanding to other temporary visas. Applicants are invited to make written submissions instead of appearing.
New practice directions
The revised Migration, Protection and Character Practice Direction commenced 2 March 2026 and applies to matters lodged before or after that date: NAATI-certified translations are mandatory for non-English documents, expert reports must disclose any generative-AI use, and parties carry active notification obligations.
Front-load the evidence
The practical consequence: there may be no hearing at which to repair a weak file. Your written evidence and submissions must carry the case on their own from day one. We build ART applications to be decision-ready at lodgement — the standard the 2026 framework now demands.
Fees & time limits
$3,727
Application fee for review of most visa refusals and cancellations, applying to fees paid on or after 1 July 2026. A 50% hardship reduction may be available in cases of severe financial hardship — confirm the current reduced amount at art.gov.au.
$2,293
For protection visa reviews the fee is generally payable only if the review is unsuccessful — nothing is payable up front. See our protection visa page for the full pathway.
$4,180
FCFCOA filing fee if an ART decision must be challenged for legal error by judicial review — typically within 35 days of the Tribunal’s decision.
Fees current as at 3 July 2026 (FY2026-27); the charge at lodgement date applies — confirm at immi.homeaffairs.gov.au and art.gov.au. Professional fees are quoted separately in a written costs agreement.
How we run your review
Forensic file audit
We obtain the Department’s decision record and identify exactly why the application failed — and what evidence the Tribunal will need to see to reach a different view.
Written case first
Legal submissions, witness statements, expert reports and NAATI-certified translations are compiled to 2026 Practice Direction standards — built to succeed even if no hearing is listed.
Hearing advocacy
Where a hearing is held, we prepare you for the Member’s questions and appear with you, addressing the issues the Tribunal must decide and responding to adverse material.
Outcome & next steps
If the decision is remitted, we shepherd the file back through the Department. If it is affirmed, we advise frankly on judicial review and ministerial intervention.
ART appeal FAQs
How long do I have to apply to the ART?
Time limits depend on the decision type and how you were notified — for many onshore refusals the window is as little as 21 days, and it is much shorter for people in detention and in character matters. The limits are strictly enforced and a late application generally cannot be accepted, so check your decision letter and get advice the day you receive it.
Will I get a hearing, or will my review be decided ‘on the papers’?
Since 18 May 2026 the ART decides student visa refusal reviews on the papers — without an oral hearing — under the ART Amendment Act 2026, and this model is expanding to other temporary visa refusals. You are invited to make written submissions instead. For most other case types a hearing is still listed, but the written file remains the foundation of every review.
Can I give the ART new evidence?
Yes. Merits review is ‘de novo’, so updated evidence and changed circumstances can be considered. Under the Practice Directions that commenced 2 March 2026, non-English documents must be filed with NAATI-certified translations and expert reports must disclose any use of generative AI — evidence that ignores these rules risks being given little weight.
How much does an ART review cost?
The application fee for most migration decision reviews is $3,727, and $2,293 for protection visa reviews (generally payable only if the review is unsuccessful). A 50% hardship reduction may be available. Fees current as at 3 July 2026 (FY2026-27); the charge at lodgement date applies — confirm at art.gov.au. Our professional fees are set out in a written costs agreement before we start.
Can I stay in Australia while the ART decides my case?
In most onshore refusal cases an associated bridging visa keeps you lawful while the review is on foot. Cancellation and character cases are different — status must be assessed urgently. See our Bridging Visa E and bridging visas guides, or contact us immediately if your visa has already ceased.
What happens if the ART affirms the refusal?
An affirmed decision is not always final. If the Tribunal made a legal error, we can seek judicial review in the Federal Circuit and Family Court (typically within 35 days; $4,180 filing fee as at 3 July 2026). In unique and exceptional cases, a ministerial intervention request may be open. We advise honestly on whether either pathway has substance.
Refused or cancelled? Act today
Bring your decision letter to a consultation and we will map the review pathway, the deadline and the evidence plan — frankly and in plain language.