Currency Notice

Australia’s Administrative Appeals Tribunal (AAT) was abolished on 14 October 2024 and replaced by the Administrative Review Tribunal (ART) under the:

• Administrative Review Tribunal Act 2024

• Administrative Review Tribunal (Consequential and Transitional Provisions) Acts 2024

Much of the information below reflects the former AAT process, which is still useful for understanding how merits review traditionally works, but it is no longer the current system.

The ART now handles migration reviews, and some procedures — especially hearings — have changed.

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws.  We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws.

The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.

The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.

Migration Review Hub – Understanding ART (Current) & AAT (Historical)

A clear, trustworthy guide to help students and migrants understand how Australia’s migration review system works — without legal advice, confusion, or jargon.

⚠️ Currency Notice

Australia’s migration review system has changed.

The Administrative Appeals Tribunal (AAT) was abolished on 14 October 2024 and replaced by the Administrative Review Tribunal (ART) under the Administrative Review Tribunal Act 2024.

The information on this page is divided into two parts:

• Current System (ART) – how migration reviews work today

• Historical Reference (AAT) – how the former tribunal operated before 2024

This structure ensures clarity while preserving useful background information.

🟦 CURRENT SYSTEM (2024–2026): Administrative Review Tribunal (ART)

The ART is now Australia’s national merits review body for migration decisions. It replaces the AAT and operates under a new legislative framework designed to be faster, more consistent, and more transparent.

Key Features of the ART

• Reviews migration decisions made by the Department of Home Affairs

• Operates under the Administrative Review Tribunal Act 2024

• Uses streamlined, paper‑based decision‑making

• Hearings are not automatic — they occur only when necessary

• Decisions may be made “on the papers” (written submissions only)

• Strong documentation is essential

Important 2026 Update – Hearings No Longer Guaranteed

On 5 February 2026, amendments to the Migration Act 1958 removed the requirement for hearings in most temporary visa appeals, including:

• Student Visa (subclass 500)

• Temporary Graduate Visa (subclass 485)

This means:

• Many appeals will be decided without a hearing

• Written submissions must be clear, consistent, and complete

• The ART may request additional information but is not required to hold an oral hearing

What Applicants Can Expect

• Acknowledgement of lodgement

• Requests for documents or clarification

• A decision based on written material

• A hearing only if the Tribunal considers it necessary

Legislative References

• Administrative Review Tribunal Act 2024

• Administrative Review Tribunal (Consequential and Transitional Provisions) Acts 2024

• Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (passed 5 Feb 2026)

• Migration Act 1958 (as amended)

🟦 HISTORICAL REFERENCE: Former AAT Migration Review Process

(This section is preserved for educational purposes. It does not reflect the current ART system.)

The following information summarises how the Administrative Appeals Tribunal (AAT) operated before its abolition in 2024. These processes are no longer current but remain useful for understanding the evolution of migration review in Australia.

About the AAT (Historical)

• Established under the Administrative Appeals Tribunal Act 1975

• Operated from 1 July 1976 to 14 October 2024

• Reviewed decisions made by government departments, including migration decisions

• Absorbed the Migration Review Tribunal and Refugee Review Tribunal in 2015

Historical AAT Migration Review Process

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After Lodgement

• Applicants received a confirmation letter

• The AAT notified the Department of Home Affairs

• Applicants could access practice directions and fact sheets

Jurisdiction Checks

• The AAT assessed whether it had legal authority to review the decision

• Applicants could be asked to explain why the Tribunal had jurisdiction

Priority Requests

• Applicants could request priority processing with supporting evidence

Travel During Review

• Applicants were required to check their status before travelling

• The AAT could not advise on visa conditions

Documents & Evidence

• The Department provided the AAT with relevant files

• Applicants could submit new information

• Translations were required for non‑English documents

Pre‑Hearing Stage

• A Member reviewed the case and requested further information if needed

• Some cases could be decided without a hearing if favourable

Hearings (Historical)

• Hearings were informal and allowed applicants to explain their case

• Representatives could attend but had limited speaking rights

• Interpreters were provided free of charge

Timeframes

• Backlogs increased significantly in later years

• Processing times varied based on caseload and complexity

Representation

• Applicants could represent themselves

• Migration agents or lawyers could assist

• Complaints were handled by OMARA or legal regulators

Support Services

• Interpreters

• Disability assistance

• Community support organisations

Providing Information

• Applicants could submit documents online, by email, post, or in person

• The AAT could issue summonses for evidence

Withdrawal, Dismissal & Reinstatement

• Applicants could withdraw their review

• Non‑attendance could result in dismissal

• Reinstatement requests had strict timeframes

Decisions

• Affirm, vary, set aside, substitute, or remit

• Some decisions were delivered orally

• Written reasons were provided upon request

Appeals

• Appeals to the Federal Circuit and Family Court were limited to questions of law