ART hearings explained

An ART hearing is usually before one Tribunal member, can be in person, by video or by phone, and the Department does not send a representative in immigration cases. Student visa refusals are generally decided without a hearing.

An ART hearing is where a Tribunal member hears from you and considers your case. In immigration cases the ART says there will not be a representative of the original decision-maker at the hearing. Hearings are usually run by one member and are informal, but they follow a legal process and you will be asked to take an oath or make an affirmation to tell the truth. The ART says many finish in under three hours.

This page is general. The ART letter about your hearing sets out the date, the format and what to bring.

In person, by video or by phone

The ART's common procedures practice direction says the Tribunal may hold a hearing in person, by video conferencing platform, by telephone, or by a combination. It adds: "There is no entitlement to a particular hearing method." The ART lists factors it can consider, including location, preferences, vulnerabilities, family violence history, credibility issues, witnesses and which members are available.

Who is there

Migration hearings are generally public. Hearings for protection visa reviews must be private under section 367B of the Act. The Act also says no one is entitled to examine or cross-examine a person giving evidence to the ART (section 366D).

A Tribunal member, usually one.
You, and anyone representing you.
Witnesses, where there are any.
No representative of the Department in immigration, protection visa and Centrelink cases, according to the ART.

Interpreters

The ART says it will arrange and pay for a qualified interpreter, and that you cannot ask a relative or friend to interpret. Tell the ART in advance; its hearing letter explains how. The ART also points to TIS National on 131 450 for immediate help.

Information the ART raises with you

Under section 359A of the Migration Act, if the ART has information that would be the reason or part of the reason for affirming the decision, it must give you clear particulars of it in writing and invite you to comment. There are exceptions, including information you gave yourself and information that cannot be disclosed.

You can also give new information. See what happens after you apply to the ART.

Recording and missing events

For migration and protection hearings, the ART says you can ask for a copy of the recording at the end of the hearing, free of charge.

If you miss a case event or hearing, the ART may dismiss your application or proceed without you. If an application is dismissed, the Act allows an application for reinstatement within 28 days after receiving notice of the dismissal (section 368C), and the ART says that for Part 5 reviews an extension of time cannot be sought beyond those 28 days.

Student visa refusals

From 1 June 2026, except in very limited circumstances, the ART must decide student visa refusal reviews without a hearing, and the applicant is not entitled to appear. Written responses have set periods and the ART cannot extend them. See student visa refusal review on the papers.

Preparing

Some people prepare with a registered migration agent or Australian lawyer; others represent themselves. See representing yourself at the ART and questions to ask before hiring a migration agent. After a hearing comes a decision; see ART decision outcomes explained.

What to say or file at a hearing is advice about a particular case, which this site does not give.