What Is the ART (Miscellaneous Measures) Bill 2024?

The Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 is a piece of proposed Australian legislation that seeks to make technical and operational amendments to the framework governing the Administrative Review Tribunal (ART). The ART replaced the former Administrative Appeals Tribunal (AAT) on 14 October 2024 and is the body responsible for conducting merits review of a wide range of government decisions, including decisions made under the Migration Act 1958.

On 8 May 2026, the Migration Institute of Australia (MIA) issued Notice 57, alerting members to the Government's formal response to the Senate Standing Committee on Legal and Constitutional Affairs report on the Bill. This response signals the Government's intended direction for ART reform and has direct implications for migration practitioners and visa applicants seeking review.

Key Elements of the Government's Response

The Senate Committee inquiry examined a range of provisions within the Bill, and the Government's response addresses those recommendations. While the Government has broadly supported the objectives of the Bill, it has clarified its position on several contested provisions.

The following areas are central to the response:

• Procedural efficiency: The Government supports measures designed to reduce delays in the ART's case management and streamline how matters are listed, case-managed, and resolved.
• Review rights preservation: The Government has confirmed its commitment to preserving merits review rights for visa applicants, consistent with the original intent of the ART's establishment as a more accessible and efficient review body than its predecessor.
• Ministerial intervention framework: The response addresses how the Bill interacts with the Minister's existing powers under sections 351 and 417 of the Migration Act 1958, clarifying that these discretionary powers are not curtailed by the proposed amendments.
• Costs and accessibility: The Government has acknowledged submissions regarding the potential financial burden of ART proceedings on self-represented applicants and has indicated that access to justice considerations will be factored into any further amendments.

Who Is Affected?

Any person who holds, has applied for, or intends to seek review of a visa decision is potentially affected by changes to the ART's operational framework. This includes applicants whose cases are currently before the ART, as well as those who may lodge a review application in the future.

Migration agents and registered migration lawyers who represent clients before the ART should monitor the progress of the Bill closely, as any operational changes to the Tribunal's procedures will directly affect how review applications are prepared and conducted.

Current Status of the Bill

As of the MIA's Notice 57 dated 8 May 2026, the Bill remains before Parliament. The Government's formal response to the Senate Committee report is a significant step toward the Bill's progression, but it has not yet received Royal Assent. Practitioners and applicants should not assume the proposed changes are currently in force.

Riverwood Migration will continue to monitor the Bill's passage through Parliament and update this guidance as developments occur.

Practical Steps for Visa Applicants

1. If you have a matter currently before the ART, continue to comply with all existing Tribunal directions and deadlines. The current ART framework remains operative.
2. If you are considering lodging a review application, seek legal advice before doing so. Time limits for ART applications are strict and non-extendable in most circumstances.
3. If you received a visa refusal or cancellation decision, note the date of the decision letter carefully. The time limit to apply for ART review is typically 21 days from notification for onshore applicants.
4. Monitor updates from the Department of Home Affairs and the MIA for any confirmed commencement dates for the Bill's provisions.

Key Takeaways

• The ART (Miscellaneous Measures) Bill 2024 proposes technical amendments to the framework of the Administrative Review Tribunal, which handles migration review matters.
• The Government has formally responded to the Senate Committee report, broadly supporting the Bill's objectives while clarifying its position on review rights and ministerial discretion.
• The Bill has not yet passed into law. Current ART procedures continue to apply.
• Strict time limits apply to ART review applications. Legal advice should be sought promptly following any adverse visa decision.

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.

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