Tuesday, 17 Feb 2026
One of the most frequently asked questions regarding the Administrative Review Tribunal is does it just provide merit review, and the answer to this question is yes; that is its primary role. The Administrative Review Tribunal reconsiders a decision and determines whether it was the right decision or not, depending on the facts and the law.
It should be noted, though, that the Tribunal is not concerned with judicial review. The courts have that role, and all they do is to ensure that the law is applied in the right manner, and not whether the decision taken was right or wrong. Put simply, the Tribunal revisits the ruling, and the courts assess the legal procedure.
Merits review refers to the Administrative Review Tribunal (ART) reconsidering a decision afresh. The Tribunal puts itself in the place of the decision-maker. It considers all the facts, the law, and the evidence, including new evidence, and makes a decision on the right or best course of action. This gives an individual the opportunity to appeal a visa denial or cancellation in matters of migration. The ART does not merely test the presence of minor errors. Rather, it takes a fresh look at the entire case and can either reaffirm it, modify it, or remand it to the Department for reconsideration.
This is unlike a court review. A court does not re-examine the facts of your case. It merely examines whether the law has been applied appropriately and whether the ruling is in accordance with the law. In pure terms, merits review assesses the correctness of the decision, whereas court review assesses it in light of the law.
When you seek a reconsideration of your case on merits, the Administrative Review Tribunal (ART) closely examines your case. The Tribunal not only ensures that there are no errors; it revisits the facts, evidence, and law to determine the correct result. This will ensure that all areas of your application are not overlooked.
At a merits review, the ART is able to:
Application fees are charged for review, and the amount varies by application type. In other instances, a partial refund of the fee may be provided upon a successful review. The ART process is intended to provide you with a reasonable opportunity to have your case re-examined and to ensure that the final decision is justified and fair.
Although the Administrative Review Tribunal (ART) can reconsider decisions, it has its boundaries. The Tribunal is not permitted to exceed the law or to interfere in matters that are beyond its jurisdiction. It is only able to exercise the powers entrenched in the Administrative Review Tribunal Act 2024.
The ART cannot:
Simply put, the ART can examine the decision and the facts, but it cannot alter the law or address issues that are legally prohibited.
The question is common, and the answer is that no judicial and merits reviews are not identical. They are used for various purposes, and they are dealt with by various bodies. The Administrative Review Tribunal (ART) is concerned with reconsidering the decision itself, whereas courts are concerned with whether the law has been applied properly.
Here’s the difference:
In brief, the ART is not a court but a tribunal of merits. It reviews decisions, whereas the courts ensure that the law has been applied properly.
The Administrative Review Tribunal (ART) cannot review all migration decisions. Certain visa decisions are not covered by the migration law. The application's time constraints are also stringent. Failure to meet the deadline may result in the loss of the right to review the decision.
This is why it is necessary to seek professional guidance as early as possible when the visa is refused or cancelled. It helps to act quickly to defend your rights and increase the likelihood of a successful review.
A second opportunity is granted in case of refusal or cancellation of your visa through a merits review. The Administrative Review Tribunal (ART) can review and amend new information and correct the original decision.
Timescales and rules of merits reviews are also tight and it is advisable to consult the professionals. Migration agents, such as Classic Migration in Canberra, are well positioned to assist you in preparing strong evidence, guiding you through the process, and presenting you effectively at the hearing.
Don’t let a visa refusal or cancellation affect your future in Australia.
the best migration agents in Canberra at Classic Migration can guide you through the ART merits review, help prepare your application, and represent you at the hearing. Book our Free Consultation and get expert help with your visa case!
The Administrative Review Tribunal (ART) is meant to hold an independent inquiry on some of the decisions made by the government. It makes sure that the decisions made are equitable, legal and founded on the right facts. The ART provides individuals with an opportunity to rethink the decisions.
In case of a successful review, the ART is allowed to put aside the initial decision and substitute it with a new one. In some cases, it can revert the decision to the Department to be reconsidered. This makes sure that the result is right and just.
The Administrative Review Tribunal Act 2024 provides the primary purpose of the ART in Section 12. It states that the Tribunal must offer a fair, just, simple, quick and economical review. This is aimed at simplifying the process to be followed by all.
Section 105 describes the decision-making process of the ART in the course of a merits review. It empowers the Tribunal to confirm, modify or substitute a decision. This makes the ART able to rethink cases and come to the optimum decision.