Legal Project Management Plan & Checklist
Purpose of this Guide: Practitioner roadmap for managing administrative review applications from the applicant perspective before the Administrative Review Tribunal (ART) in Australia. The ART commenced on 14 October 2024 under the Administrative Review Tribunal Act 2024 (Cth), replacing the Administrative Appeals Tribunal and inheriting its entire active and pending caseload. This guide covers the complete lifecycle from receiving an adverse decision through to merits hearing, with post-decision pathways including the Guidance and Appeals Panel (GAP) internal appeal and judicial review. Additional forms are accessible via the Australia Government Portal.
Structural Reform: The ART introduced a harmonised national structure replacing the AAT's divisional silos. Internal caseload allocation, member assignments, and case priorities are determined by the Tribunal's leadership rather than the executive government. Section 56 of the imposes a statutory 'best endeavours' duty on all parties and their representatives to actively assist the Tribunal in achieving its statutory objective. Decision-making agencies are required to assist in reaching the correct or preferable decision.
Jurisdiction: This guide applies to review applications lodged with the ART under federal jurisdiction. The ART operates across eight jurisdictional areas including Migration, Protection, General, Social Security, and others. The Tribunal stands in the shoes of the original decision-maker to make the correct or preferable decision based on all evidence available at the date of the decision. Representation is generally permitted under section 66, and the Tribunal provides litigation supporters under section 67 for parties lacking decision-making ability. The default cost regime is 'own costs', but features specialised cost-minimising structures in sensitive lists.
Governing Legislation: - Administrative Review Tribunal Act 2024 (Cth) - establishes the ART, its review procedures, s 56 best endeavours duty, and the Guidance and Appeals Panel (Part 5) - Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) - suspends certain ART protections for migration and protection reviews - Migration Act 1958 (Cth) - Part 5 (migration decisions), Part 7 (protection visa decisions), s 362A (access to written information) - Migration Regulations 1994 (Cth) - prescribed application forms and fee schedules - Administrative Decisions (Judicial Review) Act 1977 (Cth) - judicial review pathway - Judiciary Act 1903 (Cth) s 39B - constitutional writs for jurisdictional error - Legal Services Directions 2025 (Cth) - model litigant obligations monitored by Office of Legal Services Coordination - Direction 110 (commenced 21 June 2024) - ministerial direction for character-related decisions
Process at a Glance: Appealing a visa decision requires lodging an Application for Review within strict, non-extendable statutory time limits (28 days standard, 14 days in detention, 9 days for character cancellations). The ART has zero statutory authority to extend migration appeal deadlines under s 19, and missing the deadline by even a single day permanently extinguishes the right to review. The workflow covers: (1) calculating the deemed notification date (email/fax: same day; post within Australia: 7th working day) and the strict filing deadline; (2) lodging the ART Application for Review via ART Online Services at art.gov.au and paying the prescribed fee ($1,148 general / $3,580 standard migration as at 2026); (3) receiving and reviewing T documents provided by the decision-maker under ART Act ss 23-27; (4) assessing which standard tribunal protections are suspended for migration reviews under the Consequential Act; (5) attending case conferences or directions hearings; (6) drafting and filing the Statement of Position with supporting evidence; (7) attending the substantive hearing (in person, telephone, or video); (8) receiving the ART decision; and (9) evaluating the Guidance and Appeals Panel (GAP) as a non-judicial merits appeal alternative before pursuing Federal Court litigation. A 50% fee refund applies if the application is successful (less $100 administrative retention).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Evaluate refusal grounds, identify visa subclass, confirm strict filing limit, and advise client on prospects.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Unlike general administrative review lists, where s 19 of the ART Act 2024 allows the Tribunal to grant extensions of time, the Tribunal has absolutely no statutory authority to extend migration appeal deadlines. This is a strict statutory boundary derived from Parts 5 and 7 of the Migration Act 1958.
The deemed notification calculation is critical for practitioners:
The statutory calculation is: Deadline = Date of Notification + T days, where T is in {21, 28} depending on the visa subclass.
Lodge Application for Review with the ART via ART Online Services and pay the prescribed registry fee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Receive and review the decision-maker's T documents provided under ART Act ss 23-27.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
ART migration fee schedule (as at 2026):
50% fee reduction available for financial hardship. Full refund if successful (less $100 administrative retention).
IMPORTANT: At least 50% must be paid AND the reduction request submitted BEFORE the statutory filing deadline to preserve validity.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under ART Act 2024 ss 23-27, the original decision-maker has a 'duty to assist' the Tribunal and must provide all documents relevant to the decision (T documents, formerly s 37 documents under the AAT Act).
The ART process is non-adversarial - the respondent's role is to assist the Tribunal to reach the correct or preferable decision.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 explicitly suspends several default consumer protections for migration and protection reviews. These exclusions are critical for practitioners to understand as they fundamentally alter the risk profile of migration appeals compared to general administrative reviews.
Key practical impact: lodging an appeal does NOT provide any automatic protection against removal. The applicant must rely on a bridging visa being in effect.