Just A Click Away.
What Is the ART Generative AI Practice Direction?
The Administrative Review Tribunal (ART) has introduced a new Practice Direction on the use of generative artificial intelligence (AI) in Tribunal proceedings.
Issued on 20 August 2026, the Practice Direction applies across all ART jurisdictional areas, including migration and visa review matters. It also applies to applications made before, on or after 20 August 2026.
The new rules do not ban the use of AI. Instead, they establish clear expectations around accuracy, verification, disclosure, evidence and confidentiality when generative AI is used in Tribunal matters.
For anyone preparing an ART migration review, this is an important change to understand.
What Does the Practice Direction Cover?
Disclosure and Explanation Requirements
There is no blanket requirement to disclose every use of generative AI.
However, disclosure is required in specified circumstances, particularly where AI has been used in connection with evidence, translations or certain AI-generated material. The Tribunal may also require disclosure or certification in other circumstances.
If requested, a person using AI must also be able to explain what tool was used, how it was used and how the output was checked.
Accuracy and Responsibility
Using AI does not remove responsibility for the material submitted to the ART.
AI-assisted material must be independently checked and verified before it is relied upon. This can include verifying:
- facts and legal authorities
- case citations
- legislative references
- evidence references and chronologies
- country information and external sources
The ART specifically warns that generative AI can produce fictitious cases, citations and quotations, incorrect statements of law and factual errors.
Evidence and Confidentiality
Generative AI must not be used to make up, exaggerate, change or add to a person's evidence.
Witness statements and statutory declarations must continue to reflect the person's own recollection, knowledge, opinion or experience.
The Practice Direction also raises important confidentiality concerns. Private, confidential, privileged or protected information should not be entered into AI tools without appropriate safeguards.
Why Does This Matter for Migration Appeals?
ART migration reviews can involve complex visa histories, personal evidence, legal arguments, country information and supporting documents.
Using AI to prepare an appeal may appear convenient, but an AI-generated submission containing an incorrect legal argument, fabricated case citation or altered factual account can create serious problems.
Where concerns arise, the Tribunal may require material to be corrected, replaced or withdrawn, request further evidence or explanations, or give the affected material less or no weight.
For professional representatives, suspected breaches of professional obligations may also be referred to the relevant regulatory body.
Practical Implications for Applicants
If you are preparing an ART migration review:
- Do not rely on AI-generated legal submissions without proper verification.
- Check every case citation, legislative reference and external source against authoritative sources.
- Do not allow AI to change or add facts to your personal evidence.
- Be careful about uploading confidential migration documents or personal information into AI platforms.
- Consider obtaining professional advice before lodging important submissions or evidence with the ART.
An ART review is not simply an opportunity to submit the same application again. The way your evidence, legal arguments and response to the original refusal are prepared can be critical to the review.
What This Means If You Have an ART Migration Review
The ART is not prohibiting AI. But it is making clear that AI-generated material cannot simply be accepted at face value.
If your visa has been refused and you are considering an ART review, or you already have a review underway, do not assume an AI-generated submission is ready to lodge simply because it sounds professional.
Your migration history, refusal reasons, evidence and legal position should be reviewed carefully before your case is presented to the Tribunal.
Getting the strategy right early can help avoid preventable errors and ensure your case is presented as clearly and accurately as possible.
Key Takeaways
- The ART's new Generative AI Practice Direction applies to migration review matters.
- AI use is not banned, but material must be independently verified.
- Certain uses of AI require disclosure, and the ART may request further disclosure or certification.
- AI must not be used to invent, exaggerate or alter a person's evidence.
- Incorrect AI-generated legal authorities, facts or sources can affect how the Tribunal treats your material.
- Applicants facing a visa refusal or ART review should consider obtaining advice from an Australian migration lawyer experienced in ART matters before preparing or lodging important submissions.
If you have received a visa refusal or currently have an ART migration review underway, getting advice early can help you understand the refusal reasons, identify weaknesses in the original application and prepare a stronger review strategy.
The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.
Speak with a Riverwood Migration Lawyer
As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.
Stay Informed on Australian Immigration Law
- YouTube: Johnny Kong | Migration Lawyer
- Instagram: @johnny_migrationlawyer
- Facebook: Riverwood Migration
- TikTok: @johnny_migrationlawyer
- Linktree: linktr.ee/johnny_lawyer
