Refusals and Appeals at the ART
Previously known as the Administrative Appeals Tribunal (AAT)
Unfortunately, sometimes applications are refused. This may occur if you did not meet the criteria, you did not reply to the Department of Immigration within the time required, or you made an error in your application. Sometimes, it may be that an officer was simply not satisfied with the documents or information provided.
If your application is refused, you may be able to lodge an appeal with the Administrative Review Tribunal (ART) to have the decision reviewed. The ART is independent from Immigration, and takes a fresh look at the entire matter.
Cases are decided by a Tribunal Member, either ‘on the papers’ (if there is sufficient evidence to do so), or by holding a formal hearing. If a hearing is requested, it follows a more formalised court-style process. The applicant has the opportunity put forward their case and be questioned by the Member, and witnesses can also be called to provide evidence.
If you win your appeal, the case is remitted back to the Department of Immigration to consider again while following ART’s findings.
Applications can be made to appeal against the refusal of sponsorship, nomination, visa, and citizenship applications. There are strict rules on who can be the applicant for an appeal, and timeframes for when this must be lodged.
It is important to note that not every refused application can be appealed.
ART Appeal Deadlines
There a strict deadlines for lodging a valid appeal application, that cannot be changed or extended.
Generally:
- If your application is refused you may have 28 days to apply to appeal the decision.
- If your application is refused while you are in immigration detention, you may have 14 days to appeal the decision.
The refusal notice from the Department of Immigration will set out your deadline to submit an appeal.
There are also strict deadlines for responding to the ART’s request for information and a hearing.
Failure to respond in time means your chances for successful outcome can be lost. The Tribunal Member has the power to make a decision on the information before them, which could mean upholding (agreeing with) Immigration’s decision to refuse.
It is absolutely critical that all deadlines are adhered to. AVIE strongly recommends contacting a Migration Agent to discuss options for appeal as soon as a refusal is received.
How much does an ART application cost?
As of 1 July 2025, the application fees are as follows:
ART Appeal – Migration or Visa Refusal – $3,580
ART Appeal – Citizenship Refusal – $1,148
How long does an Appeal take to process?
As of 16 September 2025, the ART has not updated processing times following the change from the AAT.
Previous processing times from the AAT shows case finalised between April and October 2024 as follows:
| Application Type | 50% processed within | 90% processed within |
| Nomination or Sponsorship | 974 days | 1609 days |
| Skilled linked | 442 days | 909 days |
| Family | 1024 days | 1690 days |
| Partner | 1249 days | 1877 days |
| Visitor | 413 days | 494 days |
| Student | 341 days | 761 days |
| Temporary work | 133 days | 1103 days |
| Bridging | 11 days | 343 days |
Why Choose AVIE for Immigration Services?
Personalized Guidance – Every migration journey is unique, and we provide tailored advice to match your circumstances and goals.
Expert Problem-Solving – Our team has extensive experience handling complex visa situations and finding tailored solutions to meet client needs.
Dedicated Support – We intentionally cap our agents’ caseloads to ensure you receive the time, care, and dedication you deserve. You’re never just a number with us.
Avoid Mistakes – Avoid costly delays and reapplications—our expertise ensures visa applications are done right the first time.
Stress-Free Process – We handle the complexities of visa applications, so you can focus on planning your new life in Australia.
