The Administrative Review Tribunal (ART) offers a second chance when your visa dreams hit a wall. Since replacing the AAT in October 2024, this new system promises faster processing - but what does the appeal process actually involve? Understanding the timeline, costs, and procedures helps you decide if appeal is your best option after a visa refusal. For a complete overview of all recovery options, see our visa refusal recovery guide.

What is the ART?

The Administrative Review Tribunal is an independent body that reviews government decisions, including visa refusals and cancellations. Unlike the Department of Home Affairs, the ART:

  • Reviews your case with fresh eyes
  • Isn't bound by the original decision
  • Can consider new evidence
  • Makes decisions based on merit

The ART aims to reduce the massive backlog inherited from the AAT, where some appeals waited over 3 years.

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Appeal Costs Breakdown

Standard ART Fees (2025)

Primary application fee: $3,496

  • Payable within 7 days of lodging appeal
  • Non-refundable regardless of outcome
  • Same fee for all visa types

Reduced fee option: $100

  • Available for severe financial hardship
  • Requires evidence of hardship
  • Centrelink recipients usually qualify

No fee required if:

  • Department referred your case
  • You're in immigration detention
  • Specific humanitarian cases

Additional Costs to Consider

Beyond the ART fee:

  • Migration agent fees: $2,000-8,000
  • Translation costs: $50-150 per document
  • Medical reports: $200-500 each
  • Travel to hearings: Variable
  • Lost income: If taking time off work

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Current Processing Timelines

By Visa Category (2024-25)

Based on recent tribunal data:

Partner visas: 22-26 months

  • Longest wait times
  • High volume of applications
  • Complex evidence requirements

Skilled visas: 18-22 months

  • Include 189, 190, 491
  • Employer nominations faster

Student visas: 8-14 months

  • Refusal appeals: 8-10 months
  • Cancellation appeals: 10-14 months

Visitor visas: 6-12 months

  • Family-sponsored only
  • Relatively straightforward

Priority processing: 2-6 months

  • Applicants in detention
  • Urgent humanitarian cases
  • Court-remitted matters

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Step-by-Step Appeal Process

Step 1: Check Review Rights (Days 1-7)

Your refusal letter specifies:

  • If you can appeal
  • Which division handles your case
  • Deadline for lodging appeal
  • Specific form required

Not all decisions are reviewable - tourist visas lodged offshore typically can't be appealed unless family-sponsored. To understand exactly what your refusal letter means, see our guide on decoding refusal reasons.

Step 2: Lodge Your Appeal (Before Deadline)

Online lodging (recommended):

  • Fastest and safest method
  • Immediate confirmation
  • Can upload documents anytime
  • Track progress online

Required information:

  • Refusal letter/decision record
  • File reference number
  • Payment method ready
  • Contact details current

Step 3: Acknowledgment Phase (Weeks 1-4)

ART sends confirmation including:

  • Appeal reference number
  • Tribunal member assigned
  • First directions
  • Request for documents

Department gets notified and must provide their files within 28 days.

Step 4: Building Your Case (Months 1-6)

This crucial phase involves:

  • Submitting new evidence
  • Written submissions explaining errors
  • Witness statements if relevant
  • Expert reports addressing concerns

Pro tip: Address the exact refusal reasons identified in your refusal letter analysis.

Step 5: The Hearing (Months 6-24)

Not all appeals require hearings, but if yours does:

Before the hearing:

  • Notice sent 14 days prior
  • Can request interpreter (free)
  • Prepare opening statement
  • Organize documents chronologically

During the hearing (1-3 hours typically):

  • Informal setting, not a court
  • Member asks questions
  • You present your case
  • Can bring support person

Hearing tips:

  • Answer questions directly
  • Bring organized documents
  • Stay calm and respectful
  • Focus on refusal reasons

Step 6: The Decision

Possible outcomes:

Affirmed (35-45% of cases):

  • Original refusal stands
  • Can appeal to Federal Court
  • Must leave Australia if no other visa

Set aside/Remitted (55-65% of cases):

  • You win!
  • Sent back to Department
  • Usually results in visa grant

Varied (rare):

  • Decision changed partially
  • May still be favorable

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Success Strategies

What Makes Appeals Succeed

Analysis of successful appeals shows common factors:

  1. New compelling evidence addressing refusal grounds
  2. Legal errors in original decision
  3. Changed circumstances since application
  4. Professional representation highlighting issues
  5. Strong documentation organization

Common Mistakes to Avoid

  • Missing appeal deadlines (no exceptions!)
  • Submitting same evidence without explanation
  • Focusing on emotional arguments over legal merit
  • Poor document organization
  • Not attending scheduled hearing

Alternatives During Appeal

Your Rights While Waiting

Most applicants receive bridging visas:

  • Same conditions as previous visa
  • Can work if previous visa allowed
  • Can study if eligible
  • Medicare access continues

Travel is restricted - leaving Australia may end appeal rights.

Parallel Options

While appealing, you might also:

  • Prepare new application (if Section 48 allows)
  • Seek ministerial intervention
  • Explore other visa pathways
  • Update qualifications/circumstances

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Is ART Appeal Worth It?

Consider Appeal If:

  • Strong new evidence available
  • Clear legal error identified
  • Within deadline period
  • Can afford time and cost
  • Professional assessment positive

Consider Reapplication If:

  • Fundamental eligibility changed
  • Missed appeal deadline
  • Need faster outcome
  • Cheaper overall option
  • Different visa now suitable

For detailed guidance on reapplying while managing Section 48 restrictions, see our reapplication after refusal guide.

The ART appeal process requires patience and preparation, but with 55-58% success rates for skilled and partner visas, it offers real hope. The key is understanding whether your case has merit and preparing thoroughly to address the original refusal reasons.

While waiting 8-26 months seems daunting, successful appeals lead to visa grants without leaving Australia. Get professional advice early to assess your chances and prepare the strongest possible case.

For those considering all options, compare this process with our complete visa refusal recovery guide to make the best decision.