ART Review and Complex Cases

Tribunal Review · Ministerial Intervention

A refusal or cancellation is not always the end. We handle applications to the ART and the difficult waiver cases that sit outside the usual process.

Have you received a visa refusal or cancellation notice?

Applications to the ART are subject to strict time limits, and those limits vary considerably depending on the visa and how you were notified. Once the deadline passes, your right to apply is lost regardless of the reason. If you have received a notice, contact us first. We will start by calculating how much time you have left.

Call now About ART review

What ART review is (Administrative Review Tribunal)

The Administrative Review Tribunal (ART) replaced the former Administrative Appeals Tribunal (AAT) in October 2024. It reviews visa-related decisions made by the Department of Home Affairs, and can affirm the original decision, set it aside, or remit the matter back to the Department.

Applications to the ART are subject to strict time limits, and those limits differ significantly depending on the visa type and how you were notified; in immigration detention they can be a matter of days. Once the deadline passes, the right to apply is lost regardless of the reason. If you have received a refusal or cancellation notice, contact us first.

Visa refusal or cancellation review (applicant applies)

This covers a visa you applied for being refused, or a visa you held being cancelled. You are the applicant to the Tribunal, and most visa types fall within its jurisdiction.

Situations covered include the following.

Visa refusal: partner, student, skilled, visitor and most other visa types.
Visa cancellation: cancellation on grounds such as breach of visa conditions or provision of false information.
Student visa cancellation: cancellation for failing attendance or academic progress requirements (condition 8202).
Character-related refusal or cancellation: section 501 of the Migration Act.
Refusal of a citizenship application.

What you need to prepare depends entirely on the reason for the refusal. Show us the decision record first and we will identify the exact provision relied on.

Nomination and sponsorship refusal review (employer applies)

This covers a nomination or sponsorship application lodged by an employer being refused. Here the applicant to the Tribunal is the employer, not the visa applicant, and the issues in dispute are entirely different from an individual visa refusal.

The issues typically in dispute are as follows.

Genuineness of the position: whether the role is genuinely necessary to the operation of the business.
Occupation code (ANZSCO) fit: whether the actual duties match the nominated occupation.
The basis on which the market salary rate was calculated.
Whether Labour Market Testing (LMT) requirements were met: advertising method, duration and content.
Business eligibility: evidence that the business is lawfully and actively operating.

The interests of the employer and the visa applicant are not always aligned. We establish clearly at the outset which party we act for.

Complex cases

Some cases cannot be resolved through the ordinary process, such as where a waiver has to be argued, or a new pathway has to be designed around an exception in the legislation.

We take on cases such as the following.

Schedule 3: onshore applications made while unlawful, and arguments for waiver of the criteria.
PIC 4020: refusals arising from false or misleading information, and applications for waiver.
Health waiver: matters involving PIC 4005 and 4007.
Character: refusal or cancellation under section 501 of the Migration Act.
Ministerial intervention: requesting the Minister's intervention after an ART decision (s351 and s417).
Reapplication strategy: analysing exactly why the application failed and redesigning the pathway so the same outcome is not repeated.

How we run these cases

In complex cases the first judgement call shapes the outcome. So we read the documents at the consultation stage and give you an honest view of the prospects and the alternatives.

The process runs as follows.

1Review the decision record and grounds of refusal, identifying the exact provision relied on.
2Confirm the deadline. Calculating the time remaining to apply for review is always the first step.
3Assess the options, comparing ART review, a fresh application and alternative visa pathways.
4Proceed, preparing the review application and further evidence, and representing you through to the hearing.

We are happy to look at cases that have already been refused elsewhere. If we assess the prospects as poor, we will say so plainly.

What do I need to prepare?

The documents required differ by visa, but the items below are common to most applications. Checking them in advance makes the process considerably faster.

Documents that have to be obtained from overseas, such as police certificates and qualification verifications, take the longest, so start with those.

Identity and personal documents

Passport copy (biographical page, with sufficient validity remaining)
Birth certificate or family relation certificate (with certified English translation)
Passport-style photographs
Documents relating to any change of name
The grant notice for your current visa

Qualifications and employment

Final qualification certificate and academic transcript (in English)
Employment references stating position, dates of employment, principal duties and type of engagement
Payslips or tax withholding records supporting your actual employment
Trade certificates and licences, where the occupation requires them
Skills assessment outcome letter

English language

Test results from an accepted provider such as IELTS, PTE Academic or TOEFL iBT
Results have a validity period, so check them against your intended lodgement date
Check whether you fall within an exemption, such as holding a passport from an English-speaking country

Health and character

Health examination results from a panel physician
Australian police check (AFP Police Check)
Police certificates from every country you have lived in for 12 months or more since turning 16
Military service documents, where applicable

Relationship evidence (partner and family visas)

Marriage certificate or relationship registration certificate
Joint accounts, utility bills, tenancy agreements and other evidence of shared finances and housing
Photographs together, travel records and message history showing the relationship is continuing
Statutory declarations from family and friends on both sides (Form 888)
Joint insurance policies, wills and beneficiary nominations showing mutual commitment

Employer documents (sponsored visas)

Business registration (ABN · ACN) and financial statements
Evidence the business is genuinely operating (transaction records, contracts, website)
Position description and organisational chart
Draft employment contract
Labour Market Testing (LMT) advertising evidence, where required

The list above is a general guide. We will give you an individual list of what your case actually requires at the consultation, and check whether documents you already hold can be used.

Migration terms worth knowing

Visa documents and correspondence all arrive in English. Knowing the recurring terms in advance makes both the consultation and the assessment process much easier.

ANZSCOOccupation classification: The occupation classification system used jointly by Australia and New Zealand. The code you apply under determines the qualifications and experience required and which visas are available, which is why it is the first thing settled in any migration plan.
Skills AssessmentSkills assessment: The process by which a designated authority assesses whether you hold the qualifications and experience for your chosen occupation code. A different authority handles each occupation, and assessment can take several months.
EOIExpression of Interest: Registering your score and details in SkillSelect. An EOI is not itself a visa application; you must receive an invitation before you can apply.
Points TestPoints test: The assessment method that converts age, English language ability, work experience, qualifications, partner attributes and state nomination into points and totals them. The central gate for skilled visas.
NominationNomination: The process by which an employer or state government nominates a particular applicant or position. It is a separate application from the visa, and if the nomination is refused the visa cannot proceed.
LMTLabour Market Testing: The requirement to advertise a position in a prescribed way to demonstrate that an attempt was made to fill it from within Australia. There are conditions on the medium, duration and content of the advertising.
Bridging VisaBridging visa: A temporary visa granted for the assessment period where you lodge your next application before your current visa expires. Work and travel rights differ by type, so the conditions need checking.
Condition 8503No Further Stay: A visa carrying this condition prevents you from applying for another visa within Australia. A waiver can be sought, but the grounds are strictly applied.
Schedule 3Schedule 3 criteria: Additional criteria that apply to an onshore application made while you are unlawful. They are only waived where exceptional circumstances are accepted.
PIC 4020False or misleading information: A ground of refusal that applies where false or misleading information or documents were provided during an application. Where it applies, further applications are barred for a period.
ARTAdministrative Review Tribunal: The body that reviews visa refusal and cancellation decisions made by the Department. It replaced the former AAT in October 2024, and applications are subject to strict time limits.
RFIRequest for Information: A notice from the case officer requesting further material needed to decide the case. There is a deadline to respond, and if you do not, a decision is made on the material already held.