Do I need to lodge my appeal again if it was already with the AAT?

No. Matters on foot at transition carried over to the ART. You should confirm your file details and any new directions with the ART, and get legal advice if you are unsure about deadlines.

AAT to ART: What the Tribunal Change Means for Visa Appeals

Q: Is the AAT still hearing migration appeals?

No. The Administrative Appeals Tribunal has been abolished. Merits review of migration and visa decisions is now handled by the Administrative Review Tribunal (ART). Matters that were before the AAT continued in the ART on transition.

If you are researching an AAT to ART migration appeal, the key point is simple: the Administrative Appeals Tribunal no longer exists, and the Administrative Review Tribunal (ART) now conducts merits review of visa and migration decisions. Appeals that were already before the AAT continued in the ART. Any new review application goes to the ART, not the AAT.

This matters because a wrong tribunal name on a form, or a misunderstanding about which body has your matter, can waste time you do not have. Merits review deadlines in migration are strict and often cannot be extended. Below we set out what changed, what stayed the same, and the practical steps that protect your review rights.

The AAT is gone. The ART is the tribunal now

The AAT has been abolished and replaced by the Administrative Review Tribunal. For migration purposes, this is not a rebrand you can safely ignore. Every forward-looking reference to your appeal should use the ART. If a template, checklist, or older article still tells you to “apply to the AAT” for a visa refusal or cancellation, that instruction is out of date.

The practical takeaway: use the ART’s current forms, contact details, and portal. Do not rely on old AAT correspondence for anything other than your existing file references.

Where migration and protection matters sit in the ART

The ART is organised into jurisdictional areas. Merits review of protection visa decisions sits with the Protection and Immigration Jurisdictional Area of the ART. General migration matters, such as many employer sponsored and skilled visa refusals and nomination decisions, are also reviewed by the ART.

If you are unsure which pathway applies to your decision, the decision record you received from the Department of Home Affairs is the starting point. It usually states whether the decision is reviewable and by which body. Because the tribunal name on older Departmental letters may pre-date the transition, confirm the current position with the ART or a migration lawyer before you act.

What did not change: the substance of merits review

The move from AAT to ART changed the institution, not the fundamental nature of merits review. Merits review still means the tribunal stands in the shoes of the original decision maker and reconsiders the decision on the facts and the law. The tribunal can affirm, vary, set aside, or remit a decision, depending on the matter.

Two things remain critically important:

Time limits are strict. Migration review deadlines are set by the Migration Act and Regulations and are generally measured in days from when you are taken to have received the decision. Many cannot be extended. Missing the window can end your review rights entirely.
The onus is on you. You are expected to put your case, your evidence, and your submissions forward. The tribunal is not obliged to build your argument for you.

Because these features carry over, an appeal strategy that would have been sound at the AAT is generally still sound at the ART. What changes is the correct name, forms, and administrative channel.

Common mistakes during the transition

We are seeing a few recurring errors as people adjust to the new tribunal.

Using outdated forms or names. Referring to the “AAT” on new correspondence creates confusion and, at worst, delay. Use the ART.

Assuming the deadline reset. The transition did not give applicants a fresh clock. If your review period was already running, it kept running. Calculate your deadline from the Department’s decision, not from any tribunal announcement.

Confusing merits review with judicial review. The ART conducts merits review. Judicial review of a tribunal decision is a separate process in the courts, on narrower grounds focused on legal error rather than the merits. If the ART affirms a refusal, judicial review may or may not be available depending on the circumstances, and it is a different and more technical pathway.

Waiting to get advice. Because migration deadlines are unforgiving, the cost of a short delay in seeking advice can be the loss of the review right itself.

What to do if you receive a refusal or cancellation

Read the decision record immediately. Note the date you received it and whether it says the decision is reviewable.
Diarise the deadline. Treat the shortest plausible deadline as the real one until it is confirmed. Do not assume an extension is possible.
Gather the decision and all Departmental correspondence. These documents drive the review strategy.
Get advice before lodging. A well framed application, with the right evidence identified early, is far stronger than a rushed one.

How this interacts with employer sponsored and skilled visas

Refusals and cancellations across the migration program can be affected by the tribunal change, including employer sponsored nominations and visas and skilled visa outcomes. The review body is the ART in each case, but the specific review rights, deadlines, and grounds differ by decision type.

If your matter concerns an employer sponsored nomination or visa, our employer sponsored visas service page explains the underlying requirements that a review will examine. For points tested and independent pathways, see our skilled visas overview. If a partner visa refusal is involved, our partner visas page covers the relationship and evidentiary issues that often decide these reviews.

Does the tribunal change affect my prospects?

Not by itself. The ART applies the same migration legislation the AAT applied. Your prospects turn on the facts, the evidence, and how the relevant law applies to your circumstances, not on which tribunal hears the matter. What the transition does affect is process: the correct forms, the correct body, and the discipline of meeting deadlines under a newly named institution.

If you are weighing whether to seek review, the sensible approach is to have the decision assessed quickly so you understand both the strength of your case and the exact deadline that applies to you.

Frequently asked question

Is the AAT still hearing migration appeals? No. The Administrative Appeals Tribunal has been abolished, and the Administrative Review Tribunal now conducts merits review of migration and visa decisions. Matters that were before the AAT continued in the ART. Always confirm current tribunal details on art.gov.au before you act.

Get your review options assessed

A refusal or cancellation is not the end of the road, but the clock starts the moment you receive the decision. Visa Plan Lawyers advises on merits review in the ART and represents clients across employer sponsored, skilled, and family visa matters. To understand your options and deadlines, contact us through our employer sponsored visas or skilled visas service pages and ask for a review assessment.

This article is general information, not legal advice. Tribunal arrangements and review rights change. Confirm current details with the Administrative Review Tribunal (art.gov.au) and seek advice on your specific circumstances.