With the new Administrative Review Tribunal (ART), we’re seeing a shift toward a more structured and consistent approach to migration and protection visa reviews. One of the most important documents to come out of this transition is the:
Administrative Review Tribunal (Migration, Protection and Character) Practice Direction 2024
Issued: 14 October 2024
This Practice Direction sets out how the ART intends to manage reviews involving migration decisions, protection visas, and character cancellations or refusals. It’s designed to streamline the process — but it also raises the bar in terms of compliance, timing, and preparation.
Here’s a breakdown of what it covers and how it affects both applicants and practitioners.
1. Application and Lodgement Requirements Are Tight
Applications must be lodged correctly, with all required information and the prescribed fee (unless exempt), and strictly within the relevant time limit. That includes providing decision details, contact information, and supporting documents.
Missing a step? The application might not be accepted at all. The ART is making it clear: if you’re applying for a review, everything needs to be in order from day one.
2. Earlier Evidence, Fewer Second Chances
One of the big changes is the expectation that evidence and submissions will be provided early — not at the last minute before a hearing. The ART is moving toward a “no surprises” model, where you set out your case clearly and completely upfront.
Late evidence might be excluded unless there’s a good reason, and extensions of time won’t be granted as readily as before.
3. Case Management Is Getting Stricter
The Tribunal will take a more active role in managing matters. That means setting timelines, issuing directions, and expecting compliance. If you’re asked to provide submissions by a certain date, the Tribunal expects that to happen — no chasing, no reminders.
If a party doesn’t engage properly, the Tribunal may make a decision without further input or, in some cases, dismiss the review.
4. Procedural Fairness, But with Structure
Yes, natural justice still applies. But the way it’s delivered will be more structured. The ART may ask applicants to identify the key issues in dispute early on. Hearings may be conducted on the papers or via video, depending on the circumstances.
In short, fairness remains the goal — but the process will be tighter, more formal, and less forgiving of vague or last-minute cases.
5. Character Decisions Will Be Fast-Tracked
Reviews of character-related visa cancellations or refusals (especially those under section 501) will be expedited under this Practice Direction. These cases will move quickly, with less flexibility on timelines.
If you’re dealing with a character refusal, you’ll need to act fast, with all evidence and arguments prepared early. These aren’t the types of matters where you can afford to play catch-up.
6. The Minister May Join In
The Direction also explains when the Minister — or a legal representative of the Minister — may participate in a review. This is particularly relevant in protection visa cases, or when public interest or national security issues are in play.
It’s not common in all matters, but it’s worth knowing that in certain cases, the other side might not be silent.
How Aurelia Legal Can Help
At Aurelia Legal, we understand that the transition to the Administrative Review Tribunal (ART) brings new challenges — and higher expectations. Whether you’re navigating a refusal, a character cancellation, or a complex protection matter, our team brings the legal insight and practical focus needed to meet the ART’s procedural requirements.
We assist with:
- Assessing whether ART review rights apply in your case
- Preparing valid applications within statutory deadlines
- Structuring strong written submissions from the outset
- Managing Tribunal directions and evidence timeframes
- Advising on bridging visa conditions during the review
- Responding to Ministerial intervention or participation in proceedings
The ART is moving toward greater procedural structure and discipline — and so must we. Our team works with you to present your case clearly, comply with expectations, and minimise the risk of procedural delays or missed opportunities.
For more information on how we can support your matter, visit www.aurelialegal.com.au. Contact us at +61 3 9125 8820 or info@aurelialegal.com.au.
DISCLAIMER: This blog is for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, consult a registered migration agent or legal practitioner.