ART Decisions Explained: Affirm, Set Aside or Remit

When the Administrative Review Tribunal (ART) decides your review, the decision letter will use legal terms such as affirm, set aside or remit. Each one has a different effect on your visa and your bridging visa. This guide explains what each outcome means and what happens next.

The possible outcomes

Outcome	What it means	What happens next
Affirm	The Tribunal agrees with the refusal or cancellation	The decision stands. See your options after an affirmed decision
Set aside and remit	The Tribunal sends the case back with a direction, for example that you meet a criterion	The Department reconsiders and makes a new decision
Set aside and substitute	The Tribunal makes a new decision itself	For example, a cancellation is replaced with a decision not to cancel
Vary	The decision is changed in part	Depends on the change
Dismiss	The review ends, for example you withdrew or did not attend	Reinstatement may be possible within 28 days
No jurisdiction	The application was not valid, for example it was late	The refusal stands

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Remittal is the usual win in refusal cases

A remittal is good news, but it is not yet a visa grant. In visa refusal reviews, the Tribunal can only remit with certain directions allowed by the Migration Regulations. The most common is that the applicant is taken to satisfy a specified criterion, for example the genuine relationship criterion or the genuine student criterion.

The Department is bound by that finding, even if it later receives information that suggests otherwise, unless it takes the case to court. It must still:

• assess any criteria that were not decided before the refusal;
• reassess criteria where your circumstances have changed or new information has come up;
• complete health, character and security checks;
• follow any recommendations the Tribunal made.

There is no fixed time for the Department to finish a remitted case. Keep your contact details up to date, respond quickly to requests, and tell the Department about changes in your circumstances. For partner visas, see partner visa refusals.

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Your bridging visa after the decision

• Affirmed: a Bridging Visa A linked to the application generally ends 35 days after the Tribunal decision.
• Remitted: the application is not finally determined, so the bridging visa generally continues while the Department reconsiders.
• Dismissed and not reinstated: the decision is taken to be affirmed, and the bridging visa end date follows.

See bridging visas after a refusal.

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Fee refunds

If the Tribunal sets aside or remits the decision, 50% of the application fee is generally refunded. See ART fees.

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Can a decision be reopened?

Once the Tribunal makes its decision, it cannot change it. There is no second review at the Tribunal. If it affirms the refusal, the next options are court review for legal error, ministerial intervention in limited cases, or another visa. See options after the ART affirms a refusal.

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What you should do now

• Read the decision carefully: it states the outcome and any directions.
• If remitted, prepare for checks: health, police certificates and updated documents may be needed.
• If affirmed, act quickly: court review has a 35 day limit and your bridging visa has an end date.
• Claim your refund: check the ART’s refund process for favourable decisions.