A visa refusal is stressful, but it is not always the end. What you can do depends on which visa was refused, where you were when you applied, and why it was refused. The most important thing is time: review deadlines are short and fixed.
Act now: Read your refusal letter today. It says whether you can apply for review, which body reviews it, and the deadline. The Tribunal generally can't accept a late application.
Step 1: Read the Refusal Letter Carefully
The decision record will tell you:
- the reasons for the refusal (which criteria you didn't meet)
- whether the decision is reviewable, and by whom
- the deadline to apply for review, and the date you are taken to have been notified
- what happens to your bridging visa, if you are in Australia
Step 2: Check Your Visa Status
If you are in Australia, find out whether you hold a bridging visa and when it ends. Check VEVO. If your bridging visa ends after a refusal and you don't apply for review or another visa, you may have to leave Australia, and staying unlawfully can affect future applications.
Step 3: Decide Between Review and Reapplying
Merits review at the Administrative Review Tribunal (ART)
The Administrative Review Tribunal replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. It can look at your case again "on the merits": it considers the facts, law and policy fresh and can take new evidence.
- Deadlines: for most refusals of people in Australia, the time limit is usually 21 or 28 days after you are notified, depending on the decision. It can be much shorter for some decisions, including for people in immigration detention. Your letter states the exact deadline.
- Fees: an application fee applies to most migration reviews. Check the current amount with the ART.
- Waiting times: migration reviews can take a long time. You can usually stay in Australia on a bridging visa while an onshore review is pending.
Reapplying
Sometimes it is quicker to fix the problem and lodge a new application, for example a missing document or test result. But some refusals stop you applying for most other visas while you are in Australia (under section 48 of the Migration Act). And some refusals, such as those for false or misleading information, can carry a ban of several years.
Judicial review
If the ART also refuses, you may be able to go to the Federal Circuit and Family Court, but only for an error of law, not to argue the facts again.
Common Reasons for Refusal
| Visa | Common refusal reasons |
|---|---|
| Partner | Not enough evidence of a genuine and continuing relationship; de facto relationship under 12 months |
| Student | Genuine Student requirement; financial evidence; lodging from the wrong place after 2 October 2026 |
| 482 / 186 | Nomination refused; work experience or skills not shown; English; age |
| Visitor | Not satisfied you'll visit only; previous immigration history |
| Skilled (189/190/491) | Points claims not proven at invitation date |
Invalid vs Refused
An application can also be invalid: lodged in the wrong place, without a required document, or by someone not allowed to apply. An invalid application is not a refusal, and it can't be reviewed by the ART. This matters for Student visas from 2 October 2026, which most people must now lodge from outside Australia.
Frequently Asked Questions
How long do I have to appeal a visa refusal in Australia?
It depends on the decision. For most people in Australia it is usually 21 or 28 days after notification, and it can be much shorter in some cases. The exact deadline is in your refusal letter, and the Tribunal generally can't extend it.
Is the AAT still running?
No. The Administrative Review Tribunal (ART) replaced the AAT on 14 October 2024 and handles migration reviews.
Can I stay in Australia while my review is decided?
If you applied onshore and lodge a valid review application in time, you can usually remain on a bridging visa. Check your bridging visa conditions.
Should I reapply or go to review?
It depends on why you were refused and whether a new application is even possible from where you are. This is the most important decision after a refusal, so get advice before choosing.
Get Help After a Refusal
The days after a refusal decide your options. A registered migration agent or immigration lawyer can read the decision, tell you whether review or reapplying is better, and lodge before the deadline. Tell us your situation and we'll introduce you to registered migration agents near you. It's free to ask.
This page is general information, not immigration or legal advice. See the Administrative Review Tribunal for current fees and time limits.