Merits Review (Administrative Review Tribunal) in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
When the Department of Home Affairs refuses or cancels a visa, you generally have the right to merits review at the Administrative Review Tribunal (ART). The ART replaced the AAT and the Migration Review Tribunal in October 2024. The Tribunal reviews migration decisions afresh — it looks at the facts and the law again and makes its own decision, not a review of how the Department reasoned.
The deadlines are short. For most onshore migration decisions, you have 28 days from written notification. If you're in immigration detention, the deadline drops to 7 days. For section 501 character cancellations in the community, it's 9 days. The Tribunal generally cannot extend these.
Most reviews involve a hearing where you present your case, provide new evidence, and may have a representative or migration agent speak for you. The Tribunal can affirm, vary, set aside and substitute a new decision, or remit the matter back to the Department.
An application fee applies — check the ART website for current amounts. Fee reductions are available where you can show financial hardship.
When does it apply?
- The Department of Home Affairs has refused your visa application and the decision is a reviewable one under Part 7 of the Migration Act.
- Your visa has been cancelled under section 116 or section 501 and review rights apply.
- You are within the time limit for lodging a review — usually 28 days, 9 days, or 7 days depending on the circumstances.
What to Do If Your Australian Visa Application Is Refused or Cancelled
- Check the decision record — it will state whether you have review rights and the deadline for applying.
- Lodge your application immediately — do not wait until the last day, as late applications are generally not accepted.
- Gather all supporting evidence before your hearing — the Tribunal can consider new evidence not before the Department.
- Attend the hearing in person, by phone, or by video as directed — failing to appear may result in a decision being made without you.
- Get legal advice — a registered migration agent or lawyer can represent you and help prepare your case.
What should you NOT do?
- Don't miss the deadline — the Tribunal generally has no power to extend the time for lodging migration reviews.
- Don't assume the same decision will be made — the Tribunal reviews your case afresh and may reach a different outcome.
- Don't submit fraudulent documents — this will severely damage your case and may lead to criminal charges.
- Don't skip the hearing — the Tribunal can make a decision on the papers alone if you don't attend, which may be less favourable.
Common Questions
When does merits review (administrative review tribunal) apply?
The Department of Home Affairs has refused your visa application and the decision is a reviewable one under Part 7 of the Migration Act.Your visa has been cancelled under section 116 or section 501 and review rights apply.You are within the time limit for lodging a review — usually 28 days, 9 days, or 7 days depending on the circumstances.
What should I do if the Department of Home Affairs refuses my visa application in Australia?
Check the decision record — it will state whether you have review rights and the deadline for applying.Lodge your application immediately — do not wait until the last day, as late applications are generally not accepted.Gather all supporting evidence before your hearing — the Tribunal can consider new evidence not before the Department.Attend the hearing in person, by phone, or by video as directed — failing to appear may result in a decision being made without you.Get legal advice — a registered migration agent or lawyer can represent you and help prepare your case.
What mistakes should I avoid with merits review (administrative review tribunal)?
Don't miss the deadline — the Tribunal generally has no power to extend the time for lodging migration reviews.Don't assume the same decision will be made — the Tribunal reviews your case afresh and may reach a different outcome.Don't submit fraudulent documents — this will severely damage your case and may lead to criminal charges.Don't skip the hearing — the Tribunal can make a decision on the papers alone if you don't attend, which may be less favourable.