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What are possible outcomes at an ART hearing
- mandevillemigratio
- Oct 17, 2024
- 3 min read
Updated: Feb 4
This article is also available in Spanish.
Appearing before the Administrative Review Tribunal (ART) is a critical step for visa applicants seeking to challenge a decision made by the Department of Home Affairs. Understanding the possible outcomes of an ART hearing can help applicants prepare effectively, manage expectations, and plan their next steps.
This article explains the possible outcomes of an ART hearing under Australian migration law, what each outcome means, and what usually happens after the hearing.
What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) reviews certain visa and migration decisions made by the Department of Home Affairs. Its role is to decide whether the original decision was correct or preferable, based on the law and the evidence.
Note: The ART replaced the former Administrative Appeals Tribunal (AAT). Older materials may still refer to the AAT.
You can read more about the ART here.
What outcomes are possible at an ART hearing?
There are two main outcomes after an ART hearing in migration matters.
Outcome 1: The decision is remitted (successful outcome)
If the ART Member remits the decision, this is generally a positive outcome for the applicant.
What remittal means
The ART sets aside the original decision
The matter is sent back to the Department of Home Affairs
The Department must reconsider the visa application in line with the ART’s directions
What happens next
The Department resumes processing the visa
Further documents or checks may still be required
A visa is not automatically granted, but the refusal is overturned
You can read more about the next steps after a successful ART decision here.
Outcome 2: The decision is affirmed (unsuccessful outcome)
If the ART Member affirms the decision, this means the original decision is upheld.
What affirmation means
The visa refusal or cancellation remains in place
The ART found no legal basis to change the original decision
The review process before the ART has ended
What options may remain
Depending on the individual circumstances, an applicant may need to consider:
Applying for another visa (if eligible)
Judicial review in a court (limited to legal errors)
Requesting ministerial intervention
Making arrangements to depart Australia
You can read more about options after an unsuccessful ART decision here
When does the ART make its decision?
The timing of an ART decision can vary.
Common decision scenarios
The ART Member may give an oral decision at the hearing
The decision may be reserved and provided in writing at a later date
The ART may request additional information or evidence before finalising the decision
Applicants should be prepared for delays and should continue to comply with any visa conditions while awaiting the outcome. Read more here.
Key points to remember about ART hearings
A remittal is usually a successful outcome but does not guarantee a visa grant
An affirmed decision limits options but does not always mean the end of the road
Each case is decided on its own facts, evidence, and legal framework
Professional advice can be critical, as the tribunal hearing can often be the most important moment in a visa applicant’s journey to stay in Australia
Conclusion
Navigating an ART hearing can be stressful, particularly when your visa status is uncertain. Understanding the possible outcomes of an ART hearing helps applicants prepare emotionally and practically for what comes next.
This article provides general information about Australian migration law and does not constitute legal advice. Migration outcomes depend on individual circumstances.
An ART hearing is an excellent opportunity to present your case and having legal representation can make the difference between having a negative outcome and a positive one. If you are waiting at the ART we can help you prepare for your hearing
Download our FREE ART guide here.
Written by Laura Mandeville
Registered Migration Agent
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