Australia’s migration appeals system continues to face significant challenges as the number of unresolved cases has more than doubled in just over a year, raising concerns about the management and integrity of the visa process. The Administrative Review Tribunal (ART), established by the Labor government to replace the Administrative Appeals Tribunal for migration matters, has reduced average processing times from over two years in 2021-22 to about 15 months. However, the total backlog of cases escalated from 67,720 in June 2022 to 136,236 by September 2026.
This surge in appeals coincides with increasing criticism regarding the nature of applicants and concerns over the efficacy of the current system. Critics argue that many appellants—ranging from individuals with prior criminal convictions to those exploiting visa pathways—pose risks to Australian society and strain public resources. Some migrants and refugees who have faced visa cancellations continue to remain in Australia due to prolonged legal processes and obligations under international law.
One notable case is that of Osman Ahmadyar, an Afghan national who arrived by boat in 2001 and was granted temporary protection. He was later convicted of sexual assault and eventually sentenced to life imprisonment for murder in 2011. Despite these convictions, the tribunal ruled in 2026 that revoking his permanent residency would breach Australia’s international commitments, citing the unstable humanitarian and economic conditions in Afghanistan, and the potential diplomatic repercussions of deportation.
Other cases exemplify the system’s complexity and some of its perceived shortcomings. A refugee identified only as “DXJL,” with a history of 56 offences including armed robbery and assault, had his visa canceled but was issued a bridging visa without an expiry date, effectively allowing him to remain indefinitely. Similarly, “ZXDP,” another Afghan refugee and convicted drug trafficker, had his permanent humanitarian visa restored despite a significant criminal record and ongoing legal challenges, due in part to his deep ties to Australia and fears of persecution by the Taliban based on family background.
Former Victoria Police chief commissioner Christine Nixon’s 2023 review highlighted systemic vulnerabilities, including how prolonged appeal processes incentivize non-genuine protection claims and visa hopping. The report warned that the drawn-out approval and appeal timeline—often stretching from five to ten years—creates opportunities for repeated applications under different visa categories, enabling appellants to remain in Australia while pursuing final outcomes.
Some officials and commentators advocate for stricter controls, arguing that non-citizens with serious criminal convictions should be promptly removed without extended judicial reviews. They assert that a strong migration program depends on rigorous enforcement of immigration laws, emphasizing the importance of prioritizing quality over quantity in migrant intake to maintain social cohesion and public trust.
The government has yet to fully implement recommended reforms to limit appeals from student and visitor visa holders. Meanwhile, the growing backlog and high-profile cases fuel ongoing debates about balancing humanitarian obligations with national security and the effective administration of Australia’s visa system.