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ART Migration and Protection Review 2026: Fees, Time Limits and Process

5 days ago
2 min read

The Administrative Review Tribunal (ART) can review many — but not all — migration and protection decisions. Whether a particular decision is reviewable, who may apply and the deadline for review depend on the decision and the Migration Act 1958.


Strict review time limits

ART states that strict time limits apply to migration and protection review applications and that it has no power to extend the statutory time limit for those review categories. Applicants should check the Department's decision letter immediately rather than assume a standard deadline applies in every case.


Migration review fee in 2026

From 1 July 2026, the fee for review of a reviewable migration decision under Part 5 is $3,727. ART states that a 50% reduction may be available on financial-hardship grounds, subject to the fee-payment rules and deadline.


Protection review fee

For most protection visa refusal or cancellation reviews, there is no fee payable when the review application is lodged. If the review is unsuccessful, ART states that a $2,293 fee is generally payable after invoicing. Different rules apply in specified circumstances.

Official fee source: ART fees.


How long do ART migration reviews take?

For migration reviews finalised between 1 February and 31 July 2026, ART reported that 50% were finalised within 1 year and 6 months and 95% within 2 years and 10 months. For protection reviews, 50% were finalised within 2 years and 2 months and 95% within 5 years and 1 month. These are historical processing statistics, not guarantees for a current case.

Current data: ART processing times.


What the Tribunal does

ART conducts merits review. That means it can reconsider the facts, evidence and law within its jurisdiction and make the correct or preferable decision. This is fundamentally different from judicial review in a court, which examines legal error rather than conducting a fresh merits assessment.


Sources


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