ART Processing Time

Overview of the Administrative Review Tribunal (ART)

The Tribunal is tasked to conduct independent and objective merit reviews of administrative decisions made under Commonwealth laws. It was established through the Administrative Review Tribunal Act 1975 and began operations on 1 July 1976.

Effective 1 July 2015, the Migration Review Tribunal, alongside the Refugee Review Tribunal and Social Security Review Tribunal, merged with the ART to create one reviewing body.

The Tribunal is not always the first avenue of review of an administrative decision. In some cases, the Tribunal cannot review a decision until there’s been an internal review of the primary decision.

In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal. For example, an application for review of a family assistance or social security decision may be made only after review by the Social Security Appeals Tribunal.

How long ART decision take after hearing?

The duration upon which an ART decision may be finalised or completed largely depends on several key factors, such as:

• The volume of applications being received
• The availability of several members to conduct said reviews
• The type of decision and the complexity of the review undertaken
• The strategies/methods the ART decision makers have in dealing with different cases.

ART Processing Time

As published on the ART’s official website, the finalisation of reviews varies per case category, and its annual reports also show that cases for the Migration and Refugee Division have more than doubled.

In an ART processing time of six months, here’s a quick summary of finalised applications under certain categories.

• Bridging: 95% of cases finalised, 448; 50% of cases, 11
• Nomination/Sponsorship: 95% of cases finalised, 1,457; 50% of cases, 1,337
• Partner: 95% of cases finalised, 1,776; 50% of cases, 1,367
• Permanent Business: 95% of cases finalised, 1,469; 50% of cases, 1,331
• Temporary Work: 95% of cases finalised, 1,418; 50% of cases, 1,186
• Student Refusal: 95% of cases finalised, 587; 50% of cases, 443

Note that these official numbers do not include cases in which the reviewing body found it did not have jurisdiction over.

Can cases be prioritised? They can, and the President’s Direction on Prioritising Cases in the Migration and Refugee Division have the guidelines under which cases may be prioritised or need immediate ART processing time.

You can also write to the ART and be detailed in your message as to why your case requires prioritisation, together with pertinent documents to support your case.

Making an appeal of a decision to the ART

It’s sad news to find out your visa application has been denied and/or rejected, but you have the right to file an appeal if you think the decision should have been in your favour, or that the decision should be ruled as invalid.

Before getting to the process of making an appeal of a visa decision to the ART, it’s also important to know which are the most common reasons for a visa refusal, namely:

• Incomplete documents presented
• Criminal History
• Lack of funds
• Overstaying
• False or misleading information
• Medical Issues

If the decision was still ruled in favour of the initial decision to reject your visa, you can file an appeal to the Federal Court as your last resort. It’s very important to consult with experienced visa experts to help you make informed decisions concerning your visa application.