Set aside and substitute
The Tribunal disagrees with the Department and makes a new decision in your favour. Usually means the visa is granted (subject to any final Department steps).
Set Aside · Affirm · Remit · What Each Means
The ART has three possible outcomes.
Set aside, affirm, or remit. Each has different practical consequences for your visa application. Knowing which outcome you have received determines what happens next.
The three outcomes
What each means.
Every ART decision results in one of these three outcomes.
Affirm
The Tribunal agrees with the Department. The refusal stands. Further options include Federal Circuit judicial review or ministerial intervention in narrow cases.
Remit
The Tribunal directs the Department to reconsider the application with specific instructions. Department processes further; may result in grant or refusal following the Tribunal directions.
Other outcomes (rare)
Withdrawal by applicant, consent decision, or procedural dismissal. Each has specific consequences.
What happens after each outcome
Different next steps.
The outcome determines whether the visa path continues, restarts, or ends.
After set aside and substituteVisa usually granted directly or after minor Department steps. New bridging visa or substantive visa issued. Application journey complete.
After affirmRefusal remains. 35-day deadline to lodge Federal Circuit judicial review if legal error is alleged. Ministerial intervention in exceptional cases.
After remitDepartment reconsiders applying the Tribunal directions. Depending on directions, grant is likely but not guaranteed. Further refusal possible if directions are met but other factors arise.
Bridging visa implicationsEach outcome affects bridging visa status differently. Set aside usually resolves status. Affirm often ends bridging visa. Remit keeps it while Department reconsiders.
Remitted applications
Not a final win yet.
Remit decisions require further Department processing. Strategy continues.
Following Tribunal directions
The Department must act consistently with the Tribunal directions. Usually but not always leads to grant. See remitted applications guide.
Possible further refusal
If the Tribunal directed on specific issues but left others open, fresh refusal on the open issues is possible. Stay engaged with the Department.
Timing
Department reconsideration after remit varies. Some take weeks; some take months. Staying current with Department requests matters.
Most ART wins are remittals, not direct set asides.
The Tribunal often remits with directions rather than substituting its own grant decision. This means the Department does the final grant processing. Usually smooth, occasionally not. Legal engagement should continue through the remit phase.
Common questions
The questions we hear most.
For post-decision strategy, book with Sourabh Aggarwal.
How long after the hearing does the decision arrive?
Varies widely. Some decisions within 4-6 weeks. Complex cases 3-6 months. No firm rule.
Can I appeal a decision that is remitted but then refused again by the Department?
Yes, in most cases. Fresh ART appeal rights apply to the new Department decision. 21-day deadline.
If my appeal is affirmed, what are my options?
Federal Circuit judicial review on legal error grounds (35 days). Ministerial intervention in exceptional cases. Reapplication may also apply.
Do I get the Tribunal fee back on a favourable outcome?
Partial refund typically for set aside and remit outcomes. Affirm: no refund. Current refund rules apply.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.