The table below shows the time taken to finalise reviews in the former Migration and Refugee Division of the AAT in its final 6 months of operation. The 2 columns below represent the time in calendar days that 50% and 95% of cases were finalised within, in the specified period.
Processing times in calendar days for reviews finalised between 14/04/24 and 13/10/2024
| Case category | 50% of cases finalised within (days) | 95% of cases finalised within (days) |
|---|---|---|
| Bridging | 11 | 343 |
| Family | 1,024 | 1,690 |
| Nomination/Sponsor approval | 974 | 1,609 |
| Partner | 1,249 | 1,877 |
| Permanent business | 789 | 1,186 |
| Skilled | 442 | 909 |
| Student cancellation | 458 | 638 |
| Student refusal | 341 | 761 |
| Temporary work | 133 | 1,103 |
| Visitor | 413 | 494 |
| Other | 579 | 1,540 |
| Protection | 1,756 | 2,243 |
| All migration case categories | 460 | 1,692 |
| Protection case category | 1,756 | 2,243 |
| All case categories | 1,448 | 2,190 |
How long does an ART review take now?
The Administrative Review Tribunal (ART) replaced the AAT on 14 October 2024 and took over its existing caseload. There is no single waiting time: it depends on the type of decision under review, how many cases are ahead of yours in that category, and whether the Tribunal needs to hold a hearing. The AAT figures above show the pattern that still applies: bridging reviews are usually decided quickly, while partner, family, nomination and protection reviews can take several years.
Key facts about an ART migration review
| Who reviews the decision | The Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024 |
| Application fee | $3,727 for migration reviews where the fee is paid on or after 1 July 2026 |
| Reduced fee | A 50% reduction may be available if paying the full fee would cause severe financial hardship. You must ask for it, with evidence, before the time limit ends |
| Refund | 50% of the fee is generally refunded if the Tribunal sets aside, varies or remits the decision |
| Time limit to apply | Set out in your decision letter, generally 28 days from notification (7 days if you are in immigration detention). The Tribunal cannot extend it |
| Possible outcomes | Affirm (the refusal stands), vary, set aside and substitute a new decision, or remit (send the case back to Home Affairs) |
See our ART fees page for more detail.
What affects how long your review takes
- The case category: each category has its own queue, and some (such as partner and protection) are much longer than others.
- Whether a hearing is needed: a case the Tribunal can decide on the papers is usually finalised sooner than one that needs a hearing with witnesses or an interpreter.
- Your response to directions: missing a deadline for documents or submissions can delay your case or lead to an adverse outcome.
- Complexity and new evidence: cases with character, health or genuineness issues, or a large amount of new evidence, generally take longer.
- Priority cases: some matters, such as reviews involving people in immigration detention, are given priority.
- Remittal: if your case is remitted, Home Affairs still has to finish its own assessment, which adds further time before a visa can be granted.
What to do while you wait
- Check your bridging visa conditions. If you applied for the original visa in Australia, your bridging visa generally stays in effect while the review is pending, but a Bridging visa A does not let you travel.
- Keep your contact details up to date with the Tribunal so you do not miss a hearing invitation or request for information.
- Use the time to gather evidence that deals directly with the reasons for refusal.
- If your circumstances change, for example you become eligible for a different visa, get advice before lodging anything new, because some applications can affect your review.
Can I ask the ART to deal with my case faster?
You can write to the Tribunal explaining any urgent or compelling circumstances, such as serious illness. The Tribunal decides whether to prioritise a case; there is no guarantee it will do so.
Can I give the ART new evidence?
Yes. The ART conducts a merits review, which means it looks at the case afresh and can consider information and documents that were not before Home Affairs. It decides the case on the law and facts at the time of its own decision.
What happens if the ART remits my case?
The case returns to Home Affairs, usually with a direction that a particular criterion is met. Home Affairs then assesses the remaining criteria, such as health and character, before granting the visa.
What can I do if the ART affirms the refusal?
Options are limited. You may be able to seek judicial review in the courts if the Tribunal made a legal error, or in some circumstances request ministerial intervention. Check how long your bridging visa remains valid and get advice promptly.
Do I get the ART fee back if I win?
If the Tribunal sets aside, varies or remits the decision, 50% of the fee you paid is generally refunded. The full fee is not refunded.
Can I apply after the time limit has passed?
No. The time limit for migration reviews is fixed by law and the Tribunal cannot accept a late application, so it is important to act as soon as you receive a refusal or cancellation decision. See our visa refusal appeal page.
Home Affairs has reviewed the high volume of student visa refusals, ART review applications, and remittals. ART applications for student refusals are currently in the mid-50,000 range, although growth is slowing, with 1,200 – 1,500 cases being cleared per month by the ART at this time.
Home Affairs provided the following statistics:
- 20–25% refusal rate across total lodgements
- 50% of refusals proceed to ART (10–12.5% of total applications)
- 40–45% of those are remitted (less than 6% of total applications)
Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
