From 14 October 2024 the Administrative Review Tribunal (ART) will replace the existing Administrative Appeals Tribunal (AAT). The ART will act as the independent merits review body for decisions made by Australian Commonwealth Government Departments and Agencies. This includes the Department of Home Affairs. You can find more information about the ART and this change on the ART website.
From 14 October 2024, you may be eligible to request a copy of the review file to assist in the merits review process.
You can use this page to request a copy of your review file where the review relates to a migration or protection decision made by the Department of Home Affairs.
Requesting a review file
Eligible clients will receive a copy of the information that the Department of Home Affairs gives to the ART.
The review file will contain a copy of the decision record and any other documents relevant to the review. This includes the application form and applicable supporting documents.
The review file will not include personal information that is protected under the Privacy Act 1988 or other sensitive or privileged information held by the Department of Home Affairs.
Eligibility
To be eligible, you must have a pending merits review application that relates to a reviewable migration or protection Department of Home Affairs decision.
Eligible clients must be associated with the Department of Home Affairs decision and can include:
- an individual listed in the application
- a sponsor or nominator.
A Migration Agent, Legal Practitioner or other authorised person can submit a request for a review file on behalf of a client.
You will not be eligible if you do not have a pending merits review application that relates to a reviewable migration or protection Department of Home Affairs decision. This includes where the merits review application has already been finalised.
Learn more about seeking merits review with the
ART website.
If your review relates to a different government department or agency, you will need to contact that department or agency separately.
You will not be eligible if the review relates to a citizenship outcome or decision made on character grounds.
Important information in the request
The following information must be included in the request for a review file:
- Tribunal Reference Number
This is mandatory information. You will receive this number from the ART after successfully applying for merits review.
- Evidence of identity
This is mandatory information for you and other family members or third parties listed in the request.
- Details of other family members or third parties
A file request can include other family members or third parties who are included in the review file information.
You must include details of these individuals in your request along with evidence of their identity and written consent to have their information released under this request.
- Reference numbers to the Department of Home Affairs decision
To assist processing the file request, include any reference numbers to the Department of Home Affairs decision that the ART is reviewing.
Priority requests
You should include your ART hearing date or special direction from the ART if you have received this.
You do not need a hearing date from the ART to request a review file. We will prioritise requests for a review file if there is an upcoming hearing date or special direction from the ART.
You must indicate in your request if you are currently in detention or if the merits review relates to a Bridging Visa Decision or Visa Cancellation.
Making a request
To request a review file, complete the online form.
After you have made your request
You will receive an acknowledgment letter via email once we have received and registered your request. Read the acknowledgment letter carefully for important information about the request process.
We are committed to processing your request as soon as possible. We generally process requests in the order we receive them. You should tell us if the urgency of your request changes.
Check your authorised email address regularly for updates. We will contact you if we need you to give us more information.
We will notify you via email once we decide on your request.
For information not contained in the review file
For other information that is not contained in the review file you may consider these alternative options:
How to make a complaint
If you have concerns about how we have handled your request, you can lodge feedback via our
Compliments, complaints and suggestions form.
