Is this your situation?
Your visa has been cancelled and you want to challenge the decision. You have heard about the AAT or ART but you are not sure how the process works, what it costs, or whether you have enough time to lodge.
What changed from AAT to ART
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. If your cancellation happened before that date, your case may have been transferred from the AAT to the ART automatically. The function is the same for migration matters: an independent tribunal member conducts a fresh merits review of the Department’s decision.
How the process works for cancellation reviews
The time limit to lodge depends on your circumstances. If you were in immigration detention when notified of the cancellation, you typically have 7 working days. If you were not in detention, you usually have 21 days. If the cancellation was under section 501 on character grounds, different rules apply and your primary option may be ministerial intervention rather than ART review.
Once lodged, the ART conducts a completely fresh assessment. The member considers the Department’s reasons for cancellation along with any new evidence you submit. You attend a hearing where you explain your circumstances and answer questions from the member.
The ART can set aside the cancellation (your visa is restored), affirm it (the cancellation stands), or remit the matter back to the Department with directions to reconsider.
What makes the difference at the ART
The strongest cancellation reviews are those that directly address the ground for cancellation with clear evidence and then present compelling reasons why, even if the ground is technically made out, cancellation is not the appropriate response.
For example, if your student visa was cancelled because you stopped attending classes, you might acknowledge this but explain that you were experiencing a family emergency or health crisis, provide medical evidence, and show that you have since re-enrolled and are attending regularly.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) and his team handle cancellation reviews regularly. They will prepare your ART application, compile evidence, and represent you at the hearing. Call 0416 965 968 immediately. Time is limited.
FAQ
Q: Can I get a bridging visa while my cancellation review is being decided?
If you lodge a valid ART application within the deadline, you will generally be eligible for a bridging visa. The conditions on that visa (including work rights) depend on your circumstances.
Q: What if the ART confirms the cancellation?
Your options after that are judicial review in the Federal Circuit Court (limited to legal error), ministerial intervention, or departing Australia. Judicial review cannot reconsider the merits of the case.
