If you have lodged an appeal with the Administrative Review Tribunal (ART), you may be concerned about how long the review process will take and whether your matter can be determined more quickly.
In certain circumstances, a review can be prioritised or determined without a hearing. However, expedition is only available in limited situations and is not granted simply because an applicant would prefer a faster outcome.
When does the ART automatically prioritise a matter?
The ART will expedite a review (where possible) if:
- you are in immigration detention;
- you have applied for review of a visa cancellation; or
- your matter has been remitted or returned from a court to the ART for reconsideration.
In these circumstances, you do not need to make a separate request for expedition.
When can I request expedition at the ART?
Outside the ‘automatic’ categories above, the ART allows applicants to request expedition in two primary situations.
1. Where you now meet the visa criteria
If your visa was refused because you did not meet one or more criteria, and you can now provide objective documentary evidence demonstrating that those criteria are met, you may request an expedited decision.
This typically applies to requirements that can be proven with clear documentary evidence (for example, obtaining a required skills assessment or achieving a minimum English test score), and is unlikely to apply to matters involving subjective assessments (for example, whether a relationship is genuine or whether an applicant is a genuine student).
This is not simply a request for faster processing. Rather, it is a request for the ART to make a favourable decision without a hearing on the basis that the refusal issue has been resolved by new evidence.
The ART provides a “Request to expedite decision” form for this purpose (or a request may be made by email if you do not have access to online services).
In summary, this pathway is generally appropriate where:
- the refusal was based on a clearly identified unmet requirement;
- that requirement can now be objectively satisfied; and
- the new evidence directly addresses the reason for refusal.
2. Where there are exceptional circumstances
You may also request expedition if your review is urgent due to exceptional circumstances.
The ART has indicated that examples may include:
- where expedition would reunite a child under 18 years of age with a parent, guardian or carer;
- where a serious accident, disability or medical condition would cause exceptional hardship if the review were prolonged; or
- where delay would result in the applicant becoming ineligible for the visa applied for.
In these cases, a written request must be provided to the ART explaining the urgency and supported by appropriate evidence.
Please note that general inconvenience or stress is highly unlikely to justify expedition.
Expedition for character matters
Certain character decisions under sections 501 and 501CA of the Migration Act are treated as “expedited reviews” by operation of law.
If the decision was made while the person was in Australia, the ART must determine the review within strict statutory timeframes (generally 84 days from notification). These matters also have significantly shorter lodgement deadlines.
This category is distinct from a discretionary request for expedition.
How recent changes may be affecting ART decision timelines
In February 2026, amendments to ART legislation expanded the circumstances in which the ART can decide a matter “on the papers” (meaning, without holding an oral hearing).
These amendments will commence on a date to be fixed by Proclamation, or by 10 August 2026 if not commenced earlier.
Under the amendments, the ART may determine a matter without a hearing where:
- the issues can be adequately determined without a hearing;
- it is reasonable in the circumstances to do so; and
- the parties have been given a reasonable opportunity to provide submissions.
In addition, amendments to the Migration Act now require certain review applications to be conducted on the papers. This currently applies to:
- Student visa refusal reviews; and
- additional temporary visa refusals prescribed by regulation (none have been prescribed at the time of writing).
These amendments do not create a right to expedition. However, they may affect how and when some matters are determined.
For applicants whose matters may be decided without a hearing (particularly Student visa applicants) the written submissions and supporting documents filed with the ART may be critical. In some cases, the ART may determine the matter based entirely on the written material.
Accordingly, ensuring that submissions are clear, comprehensive and supported by objective evidence at an early stage is increasingly important.
How can Hannan Tew Lawyers help?
Whether expedition is appropriate will depend on the individual circumstances of your case. A carefully prepared request supported by strong evidence can improve the prospects of a quicker outcome, but expedition is not available in all matters.
Our team at Hannan Tew has extensive experience with ART reviews. If you require assistance with an ART review, contact us at [email protected] or +61 3 9016 0484.
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