What changed in 2026: the AAT is now the ART
If you are reading older guides, note the key 2026 change: the Administrative Appeals Tribunal (AAT) was abolished and replaced by the Administrative Review Tribunal (ART) on 14 October 2024. The ART now handles merits review of most visa refusals and cancellations. The practical point for choosing your representative is unchanged: both MARA-registered migration agents and immigration lawyers can represent you at the Tribunal, but only a lawyer can take a matter on to judicial review in the courts if the Tribunal also refuses.
Side-by-side: who can do what
| Task | Migration agent | Immigration lawyer |
|---|---|---|
| Regulator | MARA (mara.gov.au) | State/territory law society |
| Lodge a visa application | Yes | Yes |
| Administrative Review Tribunal (merits review) | Yes | Yes |
| Federal Circuit and Family Court (judicial review) | No | Yes |
| Federal Court / High Court | No | Yes |
| Section 501 character cancellation | Simple matters / refer complex | Yes |
| Typical rate | $200-$400/hr | $350-$650/hr |
Choose a migration agent when
- You are lodging a standard visa: skilled (189/190/491), partner (820/801, 309/100), employer-sponsored (482/186/494) or student (500).
- You want merits review at the Administrative Review Tribunal after a refusal.
- Cost matters and there are no legal complications, character issues or court risk.
- You value a specialist who does nothing but migration day in, day out.
Choose an immigration lawyer when
- Your matter is headed for judicial review in the Federal Circuit and Family Court or the Federal Court.
- There is a section 501 character cancellation or a substantial criminal record in play.
- Your visa overlaps with employment, family or criminal law (for example, sponsorship disputes or family-violence provisions).
- A refusal would be catastrophic (a long re-entry ban or separation from Australian family) and you want maximum legal firepower.
The dual option: lawyers who are also MARA-registered
Some of the strongest firms hold both credentials, with admitted lawyers who are also on the MARA register. They handle routine applications at agent-level efficiency, then escalate to legal representation if a matter becomes complex or goes to court. In our city directories these firms are flagged as immigration lawyers, so you can shortlist a single provider that can cover both ends of the spectrum.
A simple decision framework
- Is your matter going to a court? If yes, you need a lawyer. If no, an agent is usually fine.
- Is character or criminal history involved? If yes, lean lawyer. If no, an agent is appropriate.
- Get quotes from both. Two migration agents plus one lawyer for the same scope, in writing.
- Verify credentials. MARN on the MARA register for agents; practising certificate with the state law society for lawyers.
- Reject guarantees. Neither an agent nor a lawyer can lawfully guarantee a visa outcome.
Compare agents and immigration lawyers near you
Both of Australia's largest immigration markets have a deep bench of MARA-registered agents and dual agent-and-lawyer firms. Start with the city rankings:
- Best migration agents and immigration lawyers in Sydney
- Best migration agents and immigration lawyers in Melbourne