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Migration And Refugee Division

Understand the Migration and Refugee Division, now part of the Administrative Review Tribunal (ART). Learn what decisions are reviewable, appeal deadlines, and processing times. Get expert guidance from Australian Immigration Consultants for your visa review today.

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If your visa was refused or cancelled, you may have come across the term Migration and Refugee Division (MRD) while researching your appeal options. This guide explains what the MRD was, how its functions now sit within the Administrative Review Tribunal (ART), and what current Department of Home Affairs and ART guidance means for your case.

What Was the Migration and Refugee Division?

The Migration and Refugee Division was previously a specialist division of the former Administrative Appeals Tribunal (AAT), responsible for merits review of visa refusal, cancellation, and protection (refugee) decisions made by the Department of Home Affairs. It formed by amalgamating the former Migration Review Tribunal and Refugee Review Tribunal into a single division of the AAT.

From MRD to the Administrative Review Tribunal (ART)

The Administrative Review Tribunal replaced the AAT (and the Immigration Assessment Authority) in October 2024, absorbing the functions previously carried out by the Migration and Refugee Division. Today, migration and protection review applications are lodged and heard through the ART, rather than a standalone MRD — though many people still search using the older terminology.

What Decisions Can Be Reviewed?

The ART can review most, but not all, migration and citizenship decisions made under the Migration Act 1958, including:

  • Visa refusals for most temporary and permanent visa subclasses
  • Visa cancellations, in many circumstances
  • Protection (refugee) visa refusals and cancellations
  • Certain character and citizenship decisions

Some decisions — such as cancellations made while the visa holder was outside Australia, or those made on character grounds under section 501 — generally fall outside the ART's migration and protection jurisdiction and follow a different review pathway.

How the Appeal Process Works

The general process for lodging and progressing an ART migration or protection review typically involves:

  1. Lodging your application within the strict statutory time limit — which can be as short as a few days for some bridging visa decisions
  2. Paying the applicable fee, or applying for a fee waiver where eligible
  3. Receiving confirmation and a hearing or "on the papers" notice from the Tribunal
  4. Providing supporting evidence and, where applicable, attending a hearing
  5. Awaiting the Tribunal's written decision
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Recent Reforms Affecting Migration Reviews

Since May 2026, amendments under the Administrative Review Tribunal and Other Legislation Amendment Act have expanded the Tribunal's power to decide certain straightforward migration matters entirely "on the papers," without a hearing, under a new Division 4A of the Migration Act. These reforms followed recommendations from the Rapid Review into the Exploitation of Australia's Visa System, aimed at improving review efficiency amid ongoing case backlogs.

Current Processing Times at the ART
Review TypeTime to 50% FinalisedTime to 95% Finalised
Migration decision reviewsAround 1 year 6 monthsAround 2 years 10 months
Protection (refugee) decision reviewsAround 2 years 2 monthsNot separately published

Figures based on ART data for reviews finalised between 1 February 2026 and 31 July 2026; individual case timeframes vary.

How Australian Immigration Consultants Can Help

Navigating the ART's migration and protection review process without guidance can be overwhelming, especially under tight deadlines. Australian Immigration Consultants supports applicants by:

  • Confirming whether your decision is reviewable and calculating your exact appeal deadline
  • Preparing a well-evidenced submission tailored to your visa subclass and circumstances
  • Advising on fee waiver eligibility and bridging visa arrangements while your case is on hand
  • Monitoring case progress and advising on next steps, including judicial review or Ministerial Intervention if the review is unsuccessful

Frequently Asked Questions

Is the Migration and Refugee Division still operating? No — its functions are now carried out by the Administrative Review Tribunal, which replaced the AAT in October 2024.

How long do I have to lodge an appeal? Time limits vary by decision type and can be as short as a few days, so check your refusal or cancellation letter carefully.

Can the Tribunal grant me a visa directly? The Tribunal reviews whether the decision was correct and can affirm, vary, or set aside the original decision, but it must apply the same legal requirements as the Department.

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