ART Appeals Explained in Simple Terms
If your Australian visa application has been refused or your visa has been cancelled by the Department of Home Affairs, you may have the right to seek an independent review of that decision.
On 14 October 2024, a major change occurred in the Australian administrative law system: the Administrative Appeals Tribunal (AAT) was abolished and replaced by the new Administrative Review Tribunal (ART). Understanding how this new tribunal works is essential for anyone challenging a migration decision.
What is the ART?
The ART is an independent government body that provides merits review of administrative decisions. Unlike a court, which only checks if the law was followed correctly, the ART conducts a 'merits review.' This means the Tribunal looks at your case completely fresh. They review all the facts, consider the relevant law, and decide what the 'correct or preferable' decision should be.
The Tribunal has the power to:
- ✦Affirm the Department's decision (meaning the refusal or cancellation stands).