MRT: Migration Review Tribunal — Now Replaced by the ART
The Migration Review Tribunal (MRT) was the independent body that reviewed decisions made by the Department of Immigration on visa applications and related matters. If you're searching for "MRT appeal" or "Migration Review Tribunal," you should know that the MRT no longer exists as a separate body. It was merged into the Administrative Appeals Tribunal (AAT) in 2015, and the AAT itself was replaced by the Administrative Review Tribunal (ART) in 2024. The function remains — you can still seek independent review of migration decisions — but the body that does it has changed.
What Was the MRT?
The Migration Review Tribunal was established under the Migration Act 1958 to provide independent merits review of certain migration decisions. "Merits review" means the tribunal didn't just check whether the Department followed the correct process — it looked at the decision afresh and could substitute its own decision.
The MRT handled reviews of:
- Visa refusals — when an application for a visa was refused
- Visa cancellations — when an existing visa was cancelled (in certain circumstances)
- Nomination refusals — when an employer's nomination was refused
- Sponsorship refusals — when a sponsorship application was refused
The MRT was a specialist tribunal. Its members had expertise in migration law, and hearings were conducted with an understanding of the Migration Act's complexities.
Why Was the MRT Abolished?
In July 2015, the Australian Government merged four specialist tribunals into a single body:
- Migration Review Tribunal (MRT) — migration decisions
- Refugee Review Tribunal (RRT) — refugee and protection visa decisions
- Social Security Appeals Tribunal (SSAT) — social security decisions
- Administrative Appeals Tribunal (AAT) — general administrative decisions
The merged body retained the AAT name. The rationale was to streamline administrative review, reduce duplication, and create a single point of access for people seeking review of government decisions.
Migration matters were handled within the AAT's Migration and Refugee Division.
Then What Happened to the AAT?
In 2024, the AAT itself was replaced by the Administrative Review Tribunal (ART). This was a more fundamental reform, driven partly by concerns about the AAT's governance, appointment processes, and case backlogs — particularly in migration matters.
The ART took over all of the AAT's functions, including migration review. Migration decisions are now reviewed within the ART's Immigration Assessment Division.
So the timeline is:
- Pre-2015: MRT (migration) and RRT (refugee) as separate tribunals
- 2015-2024: AAT (merged tribunal handling all review types)
- 2024 onwards: ART (replacement tribunal)
How Migration Review Works at the ART
If you've received a decision from the Department of Home Affairs that you disagree with, here's how to seek review at the ART.
Which decisions can be reviewed?
Not every migration decision is reviewable. Reviewable decisions include:
- Refusal of most visa applications (onshore and some offshore)
- Cancellation of certain visas
- Refusal of employer nominations and sponsorships
- Certain decisions relating to visa conditions
Some decisions are not reviewable — including ministerial decisions made under personal powers (section 351 and 417), certain character-based cancellations under section 501, and some national security-related decisions.
Your refusal or cancellation letter will state whether the decision is reviewable and which body can review it.
Time limits
You typically have 28 days from the date of notification to apply for review if you're in Australia, or 70 days if you're overseas. These timeframes are strict. Miss the deadline and you lose your right to review — there's generally no extension available.
The notification date isn't necessarily the date you received the letter. There are deemed receipt provisions in the Migration Act that can make the notification date earlier than you'd expect. Check carefully.
How to apply
Applications are lodged through the ART's online portal or by paper form. You'll need:
- The decision record (your refusal or cancellation letter)
- Your personal details and contact information
- The application fee (currently several hundred dollars for migration matters, though fee amounts are updated periodically)
- A brief statement of why you believe the decision was wrong
The review process
Once your application is lodged:
- The ART obtains the Department's file — all documents related to your case
- You may be invited to provide additional submissions — new evidence, written arguments, updated documents
- A hearing is scheduled — either in person, by video conference, or by phone
- You attend the hearing — you can represent yourself, or have a migration agent or lawyer represent you
- The tribunal member makes a decision — this could take days, weeks, or months after the hearing
Possible outcomes
The ART can:
- Affirm the decision — agree with the Department's original decision
- Vary the decision — change part of the decision
- Set aside the decision — overturn the Department's decision and substitute a more favourable one
- Remit the decision — send it back to the Department for reconsideration with specific directions
If the ART sets aside the refusal and substitutes a decision to grant the visa, that's a binding outcome — the Department must give effect to it.
Do You Need a Migration Agent or Lawyer?
You're not required to have representation at the ART, but migration review hearings involve complex legal issues. The Migration Act is one of the most heavily litigated pieces of Australian legislation, and the regulations are extraordinarily detailed.
A registered migration agent or migration lawyer can:
- Identify the legal issues in your case
- Prepare written submissions addressing the relevant criteria
- Gather and present additional evidence
- Represent you at the hearing
- Advise on the strength of your case and whether review is worthwhile
Given the filing fees, time investment, and potential consequences, professional advice is worth considering — particularly for complex refusals.
What If the ART Also Refuses?
If the ART affirms the Department's decision (i.e., upholds the refusal), your options are:
- Federal Court judicial review — you can challenge the ART's decision in the Federal Circuit and Family Court of Australia, but only on legal grounds (error of law, procedural fairness, jurisdictional error). The court won't re-examine the merits.
- Ministerial intervention — you can request the Minister exercise personal powers under section 351 or 417 of the Migration Act. This is discretionary and non-compellable.
- Fresh application — depending on your circumstances, you may be able to lodge a new visa application. However, be aware of the section 48 bar, which may prevent you from applying for certain visas while in Australia.
Why People Still Search for "MRT"
Despite being abolished almost a decade ago, "MRT" remains a commonly searched term. Reasons include:
- Old case law — many tribunal decisions and court cases reference the MRT by name
- Historical guides and resources — older migration guides and forum posts refer to the MRT
- Migration agents — some practitioners still use the term informally out of habit
- International applicants — people researching Australian migration from overseas often find outdated information
If you encounter a reference to "MRT" in any context, mentally replace it with "ART" — the function is the same, even though the body has changed.
Related Resources
- RRT: Refugee Review Tribunal — the other tribunal that merged into the AAT/ART
- Section 48 Bar Explained — restrictions on applying for visas after refusal in Australia
- Section 351 and 417 Ministerial Intervention — requesting the Minister's personal intervention
- MARA and Migration Agents — finding a registered agent for tribunal representation
- ImmiAccount Explained — managing your visa application online
