Legal Project Management Plan & Checklist
Use this plan when your client has received an adverse federal government decision and instructs you to seek merits review before the Administrative Review Tribunal (ART). The ART replaced the former Administrative Appeals Tribunal (AAT) on 14 October 2024 and inherited its entire active and pending caseload. Open this plan immediately on instruction: filing deadlines for migration matters are strictly non-extendable under the Migration Act 1958, and missing the deadline by even one day permanently extinguishes the right to review.
The ART is a federal tribunal operating across eight jurisdictional areas including Migration, Protection, General, and Social Security. This plan covers the standard migration and general review pathway from the applicant's perspective. Three forks extend the plan: character-based visa cancellations under s 501 Migration Act, partner visa refusal appeals, and judicial review referrals to the Federal Court on grounds of jurisdictional error.
After receiving the adverse decision, the practitioner calculates the deemed notification date and strict filing deadline, then lodges the Application for Review via ART Online Services and pays the prescribed fee. The decision-maker provides T documents (the administrative file) within 28 days under ss 23-27 of the ART Act. Any protections suspended for migration reviews under the Consequential Act are assessed. A Statement of Position is drafted and filed with supporting evidence, witness statements, and expert reports. The Tribunal holds a case conference or directions hearing, then a substantive hearing (in person, telephone, or video). After the hearing, the Tribunal issues its written decision. If adverse, the practitioner evaluates the Guidance and Appeals Panel (GAP) as a non-judicial merits alternative before pursuing Federal Court judicial review. A 50% fee refund applies if the application is successful, less administrative retention.
Use this fork when your client has had a visa cancelled on character grounds under s 501 of the Migration Act 1958 (Cth) and is physically located in Australia (onshore) at the time of the decision. This is the most urgent pathway in the entire ART jurisdiction: the filing deadline is 9 calendar days from notification and is strictly non-extendable. The Tribunal must deliver its final decision within 84 days (12 weeks). All evidence must be served on the Minister's representative at least 2 business days before the hearing - any evidence served late is statutorily excluded without exception.
Use this fork when your client has had a partner visa application refused and wishes to seek merits review before the ART. Partner visa refusals are among the most evidence-intensive ART matters: the practitioner must address all four pillars of the relationship definition, assess Schedule 3 criteria where the client held no substantive visa at the time of application, and check for any sponsorship bar. This fork also applies when the relationship has broken down due to domestic and family violence and the client still seeks the visa.
Use this fork when the ART has delivered an adverse decision and the practitioner has identified a ground of jurisdictional error that may warrant judicial review in the Federal Court of Australia (FCA) or the Federal Circuit and Family Court of Australia (FCFCOA). Before pursuing this fork, evaluate whether the Guidance and Appeals Panel (GAP) under Part 5 of the ART Act is a more cost-effective alternative, as the GAP is more accessible, less formal, and can receive new evidence.
Key legislation: Administrative Review Tribunal Act 2024 (Cth) ss 19 (no extension for migration deadlines), 23-27 (T documents duty), 56 (best endeavours duty), 66-67 (representation and litigation supporters), Part 5 (Guidance and Appeals Panel); Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) (suspends s 32 stay orders, third-party joinder, consent decisions, s 294 legal aid, and direct GAP applications for migration reviews); Migration Act 1958 (Cth) Parts 5 and 7 (strict deadlines: 28 days standard, 14 days in detention, 9 days for character), s 362A (access to written information); Administrative Decisions (Judicial Review) Act 1977 (Cth); Judiciary Act 1903 (Cth) s 39B (constitutional writs); Legal Services Directions 2025 (Cth) (model litigant obligations); Direction 110 (commenced 21 June 2024, character decisions). ART fees as at 2026: ,148 general, ,580 standard migration, ,203 protection visa. Deemed notification: email or fax on the same day received; post within Australia on the 7th working day after the date of the letter. Case law: Minister for Immigration v Li [2013] HCA 18 (legal unreasonableness); Minister for Immigration v Hossain [2018] HCA 34 (materiality of error); eSafety Commissioner v Baumgarten [2025] FCAFC 12 (scope of s 172 review); Malone on behalf of the Western Kangoulu People v State of Queensland [2024] FCA 1188 (model litigant principles are not enforceable by opposing parties as a cause of action).
* 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.
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Lodge Application for Review with the ART via ART Online Services and pay the prescribed registry fee.
Receive and review the decision-maker's T documents provided under ART Act ss 23-27.
Represent applicant at the ART hearing, present oral arguments, and examine witness evidence.
Advise client on ART decision outcome and identify further review pathways if applicable.