Visa Refusal Appeal | ART Review

Q: Is there a deadline to apply for review?

The time limits for applying are very strict and depend on the type of decision and whether the person is in immigration detention . The exact deadline will be stated in the decision letter from the Department of Home Affairs. It’s important to check this letter carefully. The Tribunal cannot extend the time limit under any circumstances — if the deadline is missed, the application cannot be accepted.

Q: What happens after a review application is submitted?

Once an application is submitted, the Tribunal will send a confirmation letter explaining the next steps in the process. They will also notify the Department of Home Affairs that the application has been received.

Q: Can a Tribunal decision be appealed?

Yes. Applicants may apply for judicial review in the Federal Circuit and Family Court of Australia, but only if there is a legal error (not just disagreement with the outcome). The application must be made within 35 days of the Tribunal’s decision. We can assist with this. Please reach out to us on info@austmss.com.au or phone via 03 9654 8611

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ART

Administrative Review Tribunal

A refusal is not the end.

If you have received a visa refusal in Australia, you may be able to apply to have the Department’s decision reviewed by the Administrative Review Tribunal (ART).

An ART review gives your case another opportunity to be considered. Depending on the matter, relevant information and evidence can be provided to support the review.

Depending on the matter, the ART may:

Agree with the Department’s original decision
Change the decision or make a new decision
Send the matter back to the Department to be reconsidered

NOTE: After refusal/cancellation, You may only have 7–28 days to appeal, so you must get advice and take necessary action as soon as possible.

Visa Refused/Cancelled?

Check your decision letter

Find out why the decision was made, whether you have review rights, and the deadline to take action.

Get advice early

Your options will depend on your visa and the type of decision. Understand how the decision may affect your current visa status.

Take action

If you are eligible for ART review, lodge your application on time and prepare evidence that addresses the reasons for the refusal or cancellation.

Can I apply for ART review?

There is no single rule that applies to every visa refusal or cancellation. Your right to review can depend on factors such as:

The type of visa or decision
Where the visa application was made
Your circumstances at the time of the decision
Whether the visa applicant, sponsor or nominator has the right to apply

You do not necessarily have to be in Australia to have ART review rights. Your decision letter should be carefully reviewed to determine whether the decision is reviewable and who may apply.

Email us your refusal/cancellation letter, and we’ll review it for you.

Summary of cost estimates
for your application

The ART application fee is $3,727 (as of 01 July 2026)

Looking for assistance ?

FAQ

We are happy to answer
any queries you may have

What can the tribunal review?

The Tribunal can review certain visa refusal and cancellation decisions made under the Migration Act 1958 and Migration Regulations 1994. The applicant’s decision letter from the Department of Home Affairs will state whether the decision is reviewable and if the applicant is eligible to apply for a review.

The Tribunal cannot review:

A visa cancellation made personally by the Minister
Any decision where the applicant is not entitled to a review

Is there a deadline to apply for review?

The time limits for applying are very strict and depend on the type of decision and whether the person is in immigration detention.

The exact deadline will be stated in the decision letter from the Department of Home Affairs. It’s important to check this letter carefully.

The Tribunal cannot extend the time limit under any circumstances — if the deadline is missed, the application cannot be accepted.

What happens after a review application is submitted?

Once an application is submitted, the Tribunal will send a confirmation letter explaining the next steps in the process.

They will also notify the Department of Home Affairs that the application has been received.

Can I represent myself?

Yes.

You can deal directly with us (represent yourself) or you can ask someone to help and represent you.

Can I ask someone to represent me?

Yes. You can arrange for a registered migration agent or an Australian lawyer who holds a practising certificate to represent you.

We have handled hundreds of AAT cases, and will be happy to review your case. Please email us on [email protected] – with your refusal letter.

What can a Migration Agent do for me at ART?

A representative can:

communicate with the Tribunal on your behalf
give the Tribunal written evidence and written submissions on your behalf
request access to documents relating to the review
attend the hearing with you.

Can I have an interpreter?

Yes. If you require an interpreter, please notify the Tribunal. The Tribunal will arrange for a qualified interpreter to assist, free of charge.

Can a review be expedited?

In some situations, the Tribunal will automatically prioritise a review — no request is needed — if:

The applicant is in immigration detention
The review is for a visa cancellation decision
The application has been returned or remitted by a court for reconsideration

A review may also be expedited if the applicant’s visa was refused because they didn’t meet one or more criteria and they now have documents clearly showing those criteria are met. In this case, they can submit a Request for expedited decision using the online form or by email (if no online account is available).

The Tribunal may consider expediting a review in other compassionate or urgent circumstances, for example:

If expediting would allow a child under 18 to be reunited with a parent, guardian, or carer
If the applicant has a serious illness, disability, or vulnerability, and further delays would be unreasonable
If a long wait would make the applicant ineligible for the visa even if the original decision is overturned
In other exceptional cases

What happens after the Tribunal makes a decision?

Once a decision is made, the Department of Home Affairs will take steps to act on it. This may affect the applicant’s immigration status or bridging visa. For example:

If the Tribunal grants the visa, the bridging visa will end.
If the Tribunal sends the case back to the Department, the bridging visa stays in effect during reprocessing.
If the Tribunal affirms the refusal, the bridging visa usually ends either 28 or 35 days after the decision, depending on when the visa was granted.

Can the Minister change the Tribunal’s decision?

Yes. The Minister can substitute the Tribunal’s decision with a more favourable outcome for the applicant, but this is rare and only occurs in compelling, compassionate, or humanitarian situations.

Can a Tribunal decision be appealed?

Yes. Applicants may apply for judicial review in the Federal Circuit and Family Court of Australia, but only if there is a legal error (not just disagreement with the outcome). The application must be made within 35 days of the Tribunal’s decision.

We can assist with this. Please reach out to us on [email protected] or phone via 03 9654 8611