Merits Review (Administrative Review Tribunal)
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
If the Department of Home Affairs refuses your visa application or cancels your visa, you generally have the right to seek merits review at the Administrative Review Tribunal (ART). The ART replaced the former Administrative Appeals Tribunal (AAT) and the Migration Review Tribunal. It reviews migration decisions afresh — meaning it looks at the facts and the law again and makes its own decision.
For most onshore migration decisions, you must lodge your review application within 28 days of receiving written notification of the decision. For decisions made while you are in immigration detention, the deadline is only 7 days. For character-based visa cancellations under section 501, the timeframe is 9 days if you are in the community.
The ART will usually invite you to a hearing where you can present your case, provide new evidence, and have a representative or migration agent speak on your behalf. The Tribunal can affirm the original decision, vary it, set it aside and substitute a new decision, or remit the matter back to the Department.
There is an application fee for merits review — check the ART website for current amounts. Fee reductions may be available if you are experiencing 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 should you do?
- 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.
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