What to do if your visa is refused

Short summary

If your visa is refused, do not panic, but act quickly. Many refusals can be reviewed by the Administrative Review Tribunal (ART), an independent body that reassesses the decision. The deadline to apply is short and usually cannot be extended, so the first thing to do is read your decision letter, which tells you whether the decision can be reviewed and by when.

Read the decision letter first

Your refusal letter from the Department of Home Affairs is the most important document. It states whether the decision is reviewable, the exact deadline to apply for review, and where to apply. The deadline is the single most important detail, because for most migration cases the Tribunal cannot extend it. Treat the letter as your source of truth.

What the Administrative Review Tribunal is

The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. It conducts merits review, which means it looks at your case again and can make a fresh decision. The ART reviews most migration, protection, sponsorship, and citizenship decisions made by the Department of Home Affairs.

Not every decision can be reviewed. For example, decisions the Minister makes personally, certain decisions made when you were outside Australia, and refusals based on an adverse security assessment generally cannot go to the ART. Your decision letter will tell you if this applies.

The deadlines are short and strict

Time limits vary by visa type and by your circumstances, and they are short. Depending on the case, the deadline can be anywhere from about 7 days to 28 days from when you are notified. Character and detention cases have the shortest deadlines. The deadline runs from the day after you are notified, and for most migration categories the Tribunal has no power to extend it. If you miss it, you usually lose the right to review permanently. Always follow the deadline stated in your own decision letter.

What it costs

As of 1 July 2026, the fee to lodge a review of a reviewable migration decision (other than a protection visa) is AUD 3,727. Fees are indexed each year on 1 July, so they change annually. For migration cases you must pay the fee by your deadline, and the review will not start until the fee is paid. If your review is successful, half of the fee may be refunded. Fee reductions are available in some cases, for example for holders of certain concession cards or in cases of financial hardship. Protection (refugee) visa reviews work differently: there is no upfront fee, and a fee applies only if the review is unsuccessful.

The steps in a review

1. Confirm your decision is reviewable and note the deadline from your letter.
2. Lodge your application with the ART and pay the fee before the deadline.
3. The Tribunal sends you the Department's file, which shows the evidence the case officer relied on.
4. You provide written submissions and any new evidence that responds to the reasons for refusal.
5. There may be a hearing, in person or by video. For some categories, such as student and visitor visas, the Tribunal may now decide the case on the written material without a hearing, which makes strong written submissions very important.
6. The Tribunal makes a decision.

How long it takes, and staying lawfully

Reviews take time. Based on ART data for migration reviews finalised between December 2025 and May 2026, half were finalised within about 1 year and 7 months, and 95 percent within about 2 years and 10 months. While your review is underway, a bridging visa may let you stay in Australia lawfully. Check your bridging visa conditions, as they affect your work and travel rights.

If the review does not succeed

If the Tribunal affirms the refusal, you may be able to seek judicial review in the Federal Circuit and Family Court or the Federal Court. Judicial review looks only at whether there was a legal error in the decision, not at the merits of your case. You may also be able to apply for a different visa if you are eligible. These are situations where an immigration lawyer is often the right professional, because they can represent you in court.

What to do next

Because the deadlines are so short, get advice quickly. A registered migration agent can help with a merits review at the ART, and an immigration lawyer can help if your case may go to court. You can search VisaMatch for verified professionals who handle visa refusals and appeals, filtered by location and language.