ART Review and Minister Intervention
We understand that things don’t always go as planned in the immigration world. If your visa has been refused or cancelled onshore, you may have the option to apply for a review with Administrative Review Tribunal (ART) within an allowable timeframe.
In general, you must lodge your refusal appeal to the ART within 21 days and a cancellation appeal within 7 days. However, the timeframe can vary depending on the type of decision and the method by which you were notified of the decision.
If the appeal is not lodged within this timeframe, you will, in general lose your right to review. While it is not ideal to have your visa refused or cancelled, as they come with a load of complexity, and emotional and viatical burdens, not getting a proper strategy and guidance can be even more fatal.
At Belong Migration, we live and breathe immigration law, and with a very passionate, articulate and dedicated migration agent, you will be a step closer to resolving your case.
Information about the Administrative Review Tribunal (ART)
What is the Administrative Review Tribunal?
In June 2024, the Australian Government passed laws* which together give the Australian Government the power to:
- abolish the Immigration Assessment Authority (IAA)
- abolish the Administrative Appeals Tribunal (AAT); and
- establish the Administrative Review Tribunal (ART).
The ART is a new federal administrative review body which will replace the existing AAT and IAA from 14 October 2024. The ART will review government administrative decisions, including certain Department decisions about protection visa refusals and visa cancellations.
Decision-makers at the ART are called ‘members’. Members take a fresh look at your protection visa application to decide whether you are a refugee or someone who is in need of protection in Australia. Members can also review certain visa cancellation decisions and make a new decision to overturn your visa cancellation.
What does this mean for my case?
How the establishment of the ART will affect you depends on what stage of the appeal your protection visa application is at. Please refer below to common stages and circumstances that may be applicable to you.
I currently have a case before the AAT or IAA, what is going to happen now?
Your case before the AAT or IAA will continue as usual. If you have not received a decision from the AAT or IAA before 14 October 2024, your case will be automatically transferred to the ART. You do not need to do anything to transfer your case to the ART.
It is important that you update the AAT or IAA with any changes to your contact details, so that you receive any important information from the AAT or IAA and ART about your case.
AAT and IAA decisions that have already been finalised before the ART commences on 14 October 2024 will not be considered again by the ART (unless your case is sent to the ART from court – see below).
I am appealing my AAT or IAA decision to the Courts, what is going to happen now?
If you are successful in your case at the Courts:
- before 14 October 2024, it is likely that the Court will send your case back to the AAT or IAA to make a new decision. If the AAT or IAA has not made a new decision before 14 October 2024, your case will be transferred to the ART;
- on or after 14 October 2024, it is likely that the Court will send your case to the ART to make a new decision.
If you are unsuccessful at the Court stage, the dismissal of your judicial review application will operate as normal and you should seek legal advice about your options at that stage of the appeal process.
I have already had a successful decision at the AAT or IAA and am waiting to hear about my visa application.
If you successfully appealed your protection visa refusal at the AAT or IAA before the commencement of the ART, then your application will continue to be processed by the Department. The ART will not review your original Department refusal decision again.
I arrived in Australia by boat. My protection visa application went through the Fast Track system and was refused by the Department and the IAA, and I was not successful at the Courts. Can the ART review my case again?
Unfortunately, visa applications that have gone through the Fast Track system and have been refused by the IAA and/or Courts will not be reopened for review at the ART unless they fall within one of the categories above.
People in this situation only have the same limited options available, regardless of the commencement of the ART. If you are in this situation, you can write to the Minister for Immigration to intervene in your case to allow you to apply for another protection visa. You can refer to this RACS fact sheet and ASRC fact sheet about how to write to the Minister