News & Insights
If you have applied for a review of your visa refusal with the Administrative Review Tribunal (ART), you are likely anxious and unsure what to expect at your hearing.
Generally, an ART hearing is less formal than court proceedings.
Once your hearing is scheduled, the ART will send you an invitation outlining:
- The date, time, and location of your hearing;
- The deadline for confirming your attendance; and
- Any deadlines for providing additional documents or evidence.
Where are ART hearings held?
Hearings may be conducted:
- In person;
- By video conference; or
- By telephone.
The invitation letter will specify where your hearing is to be held.
How long is an ART hearing?
The duration of your hearing will depend on the complexity of your case. Some cases may take less than an hour, while others may require several hearings over multiple days.
Your invitation letter will include an estimated time allocation to help you prepare.
Who will be at my ART hearing?
Generally, the following people will be at your hearing:
- The ART Member – This is the decision-maker who will hear your case and ask you questions;
- A hearing attendant – They assist with the administration of the hearing;
- An interpreter (if required) – if you need an interpreter, you will need to request one in advance;
- Your legal representative, if you have appointed one.
In some cases, you might also have:
- Witnesses – You must notify the ART ahead of time if you wish to call witnesses.
- A support person – You must also advise the ART if you wish to have someone attend in a support role.
What do you need to take with you to your hearing?
It is recommended that you take the following with you to your hearing:
- Your hearing invitation letter;
- Photo ID (e.g. Passport or Driver’s Licence); and
- Any other additional documents to support your case and have not been submitted.
What happens at the hearing?
If your hearing is held in person, arrive at least 15 minutes early and be ready to show your photo ID at reception.
The hearing attendant will ask you if you wish to take an oath or affirmation before the Member formally begins the hearing.
The ART Member will then:
- Explain the Tribunal’s role in the review process
- Clarify the function of the interpreter (if relevant)
- Outline the legal issues in question
You will then be asked questions about your case. This is your opportunity to explain your circumstances and provide any additional information or evidence for the Member to consider.
When will I receive a decision?
In most cases, the ART will not give you a decision on the day. It can take several weeks or even months to receive a written outcome, which will be sent to you via email. Occasionally, a decision may be delivered orally at the hearing, but this is rare.
What decisions can the ART make?
After reviewing your case, the ART may:
- Affirm the original decision – The Department’s decision remains unchanged.
- Set aside the decision – The ART disagrees with the refusal and withdraws the decision.
- Remit the decision – The matter is returned to the Department of Home Affairs for the Department of Home Affairs to reconsider your case.
- Vary the decision – The ART changes part of the original decision (this is less common).
What happens after the ART decision?
If your appeal is successful, the ART’s decision notice will usually state that your application has been remitted to the Department. This means the Department will resume processing your visa. You may be asked to provide further documents, such as police clearances or health checks.
If the ART affirms the refusal, your options may be limited. However, you may be able to appeal to the Federal Circuit and Family Court of Australia (FCFCOA) if you believe a jurisdictional error occurred during the ART process.
If you are considering a further appeal, it is essential to seek legal advice without delay, as strict time limits apply.
Waiting on a hearing invitation? Here’s what to do next
Facing a visa refusal and an upcoming hearing can be incredibly stressful, especially when you are unsure of the next steps. You may be asking:
- Do I have reasons for an appeal?
- What are my chances of success?
- Is it worth going through the process?
At MSM Legal, our experienced migration lawyers and registered migration agents understand how overwhelming this can be. We provide clear, practical advice tailored to your situation and guide you through every stage of the review process.
Whether you are waiting for your hearing or just exploring your options, contact us today for expert support and peace of mind.
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