When the Administrative Review Tribunal (ART) finishes a migration review, the outcome may use language that is unfamiliar to applicants: affirmed, varied, set aside or remitted. These outcomes are not interchangeable, and a successful review does not always mean the Tribunal itself grants the visa.
For representation and strategy, see our ART Appeals hub and Visa Refusal Lawyers page.
Affirmed: the original decision stands
The ART says that to affirm a decision means it agrees with the original decision. In a visa refusal review, that generally means the refusal remains in place. The written reasons should be read carefully to determine whether any further step, such as judicial review, is available and whether there is an arguable legal error.
Varied: the decision is changed
The Tribunal can vary a decision by altering part of it. The practical effect depends on the type of review and the terms of the variation. Applicants should read the formal decision, not rely on the outcome label alone.
Set aside: the Tribunal disagrees with the original decision
Where a decision is set aside, the ART disagrees with the original decision and may substitute a new decision. In some migration matters, the Tribunal can make the decision that should have been made. In others, the more common practical outcome is remittal.
Remitted: sent back for reconsideration
To remit means the matter is sent back to the original decision-maker for reconsideration, usually with directions or findings from the Tribunal. This is common in migration reviews where the Tribunal decides that a particular criterion is satisfied but the Department must still assess remaining criteria before a visa can be granted.
Illustrative case example: nomination refusal remitted
Composite example: An employer nomination was refused because the Department was not satisfied that the nominated position was genuine. At review, the business produced updated contracts, organisational evidence, financial records and detailed evidence of operational need. The Tribunal concluded the disputed criterion was satisfied and remitted the matter. The employer initially believed “remitted” meant the visa had already been granted. In reality, the Department still had to complete the remaining assessment.
What should you do after receiving the ART outcome?
- Read the formal decision and written reasons.
- Identify whether the matter is finalised at the Tribunal or returned to Home Affairs.
- If remitted, monitor the Department file and respond to any new requests.
- If affirmed, obtain advice promptly about any court deadline or alternative migration pathway.
- Do not assume an oral indication at the hearing is the final legal outcome until the formal decision is issued.
What does the ART itself say?
The ART’s official Possible outcomes guidance explains that it may affirm, vary, set aside or remit an original decision. The practical consequence must then be read in the context of the particular migration matter.
For help after a visa refusal or Tribunal decision, visit our Visa Refusal Lawyers Australia hub or ART Appeals service page.
General information only. Tribunal powers and next steps depend on the type of decision under review.
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 11 September 2026
