Visa Refusal & Cancellation Response and ART Review
This guide explains what to do, by when, and where, before your rights expire when a visa is refused or cancelled. Because deadlines are very strict, first check the deadline in your decision letter, and we recommend consulting a registered migration agent or lawyer.
This article is general information for foreign nationals living in Australia, and is not legal or migration advice. How you respond to a visa decision depends on the visa type, the reasons for the decision, and your individual circumstances, and once a deadline is missed it is difficult to recover. Always check first the deadline and instructions written in your own refusal or cancellation decision letter, and where possible, consult a registered migration agent (MARA registered) or an immigration lawyer quickly. Scheme names, fees, and phone numbers may change, so please re-check on the official sites below.
My visa was refused or cancelled — what to do first
When a visa is refused or cancelled, your right to lawfully remain in Australia can be affected immediately, so it is easy to panic. However, many decisions can be reviewed, and the key is to act 'quickly and accurately'.
- 1. Read the notice to the end. The refusal or cancellation decision letter sent by the Department of Home Affairs states whether a review is available, who can apply, by when (the deadline), and where to apply. This letter is the most authoritative reference.
- 2. Write the deadline in your calendar. The deadline is usually counted from the 'day after' the notice date, and in most cases is not extended (see point 2 below).
- 3. Check your current status (bridging visa, etc.). Upon refusal or cancellation, your bridging visa conditions or your ability to stay in Australia may change.
- 4. Seek professional advice urgently. Because deadlines can be short, show the notice to a registered migration agent or lawyer as soon as you receive it.
This guide explains the Administrative Review Tribunal (ART), which conducts merits review of refusal and cancellation decisions, and the subsequent judicial review (court review) pathway.
Application deadline — the single most important thing
Miss the deadline and your rights are gone
Review deadlines are set by law and, in most migration cases, are not extended. Being even one day late may mean the application itself is not accepted. The deadline is usually counted in calendar days, starting from the 'day after' the notice date. The accurate deadline is the one stated in your own refusal or cancellation decision letter, so be sure to check it.
Under the ART system, which replaced the AAT on 14 October 2024, application deadlines are set directly by law. The table below shows the main statutory time limits as at July 2026. The deadline stated in your own decision letter always comes first - if it differs from the table, follow your letter.
| Decision type | Time limit to apply | Extension possible? |
|---|---|---|
| General visa refusal or cancellation - onshore Part 5 migration decisions and protection decisions |
What is the ART (Administrative Review Tribunal)?
The Administrative Review Tribunal (ART) is a federal tribunal that independently re-examines decisions of Australian government agencies. From 14 October 2024 it replaced the former Administrative Appeals Tribunal (AAT), and the ART took over the former AAT's immigration and refugee work.
- Merits review: the ART re-examines the facts and evidence of the case from the beginning and makes the 'correct or preferable' decision. In other words, there is an opportunity to change the outcome by submitting new material.
- Not every decision is reviewable. The decisions the ART can re-examine are set by law, such as the Migration Act 1958. Whether your decision is reviewable and who can apply is stated in the notice.
- It is not a court. The ART re-decides whether a decision is right or wrong (the merits), while the place that examines whether there was a legal error is the court (see point 6 below).
General enquiries: ART 1800 228 333 (within Australia), or from overseas +61 2 9276 5000, weekdays 8:30am–5:00pm (excluding public holidays). For details, see art.gov.au.
Who and with what — eligibility and evidence preparation
Accurately understanding why the visa was refused or cancelled is the starting point. The notice states which requirements were not met and on which facts it was based. Gather material to fill those gaps.
Eligibility to apply (who can apply?)
Who can lodge a review depends on the type of decision. Usually, in some cases the visa applicant themselves, or (for family- or employment-related visas, etc.) the sponsor, may apply. Whether you are eligible to apply is stated in the notice, so be sure to check, and if it is unclear, ask a professional.
Evidence and materials worth preparing
- The original refusal or cancellation decision letter and a record of the date and method (email/post) you received it
- The documents submitted with your original visa application and new supplementary material (documents that rebut or resolve the reasons for refusal)
- Supporting evidence (including English translations) directly related to the reasons for the decision, such as relationship, finances, employment, health, and character
- Passport, current visa/bridging visa information, and contact details
Even if you have not gathered all your materials, if the deadline is near, it is usually safer to lodge first and supplement later.
Lodging an ART review — how to apply and the cost
Most migration cases lodge a review through the ART's online service. Prepare the following.
- Where to lodge: complete the online application following the Immigration and citizenship guidance at art.gov.au.
- Required information: enter the refusal or cancellation notice, your identity and contact details, and (if applicable) your representative's information.
- Confirmation of lodgement: keep the confirmation (application number) you receive after lodging, and respond to the ART's contact (requests for further material, hearing date notices).
- When the deadline is near: the key is to complete at least the 'lodgement' within the deadline.
Cost (application fee)
ART fees increase each 1 July in line with CPI. The amounts that apply from 1 July 2026 are:
- General migration decisions (Part 5): $3,727 - the fee must be paid within the application deadline for the application to be valid.
- Character-related refusals and cancellations: $1,195 - the standard application fee applies.
- Protection decisions: $2,293 - in general, payable afterwards only if the ART affirms the original decision.
- No fee: bridging visa decisions that resulted in detention and certain decisions about Subclass 070 (Bridging (Removal Pending)) visa conditions are free.
Check the exact current amounts on the ART fees page.
50% fee reduction and refunds
Reduction (50%): if paying the full fee would cause, or has caused, financial hardship, you can request a 50% reduction of the migration (Part 5) fee. You must first pay the full fee or 50% of it within the application deadline, then submit a request for fee reduction form with supporting documents (payslips, Centrelink statements, rent and utility bills, recent bank statements, etc.) before your review is finalised. If the reduction is refused, you must pay the full fee for the review to proceed.
Refunds: if the ART sets aside or varies the decision, or remits it to Home Affairs, 50% of the fee you paid is refunded. If the application is found invalid, the full fee is refunded. If you withdraw the application, a refund is available only in very limited circumstances.
Section 501 character refusals and cancellations - which path applies
If your visa was refused or cancelled under the character test (Migration Act s501), for example because of a criminal record, the path you must take depends entirely on who made the decision. First check your decision letter for the decision-maker (a delegate vs the Minister personally) and the section relied on.
The 9-day deadline for expedited character reviews is among the shortest of all migration deadlines and cannot be extended. If you receive a notice, it is safest to contact a registered migration agent or lawyer the same day.
Delegate decisions - ART review available
Decisions made by a Home Affairs delegate - s501 refusals and cancellations, and s501CA refusals to revoke a mandatory cancellation - can be reviewed by the ART. If the decision was made while you were in Australia, it is an expedited review: you must apply within 9 days of notification (no extension), and the ART must decide within 84 days of the notification date. The fee is the standard application fee of $1,195 (as at 1 July 2026). The preparation window is extremely short, so contact a professional as soon as you are notified.
s501(3A) mandatory cancellation - first request revocation from Home Affairs
If you are serving a sentence after certain criminal convictions, your visa can be cancelled automatically (mandatorily). In that case you cannot go straight to the ART - you must first request revocation of the cancellation from Home Affairs. Your representations must be submitted within 28 days of the notice (Migration Regulations reg 2.52), in English or with an English translation attached. If a delegate refuses to revoke the cancellation, that refusal can then be reviewed by the ART (expedited review, 9 days).
When you disagree with the ART outcome — judicial review (court review)
If the ART affirmed the refusal or cancellation and you believe there was a legal error in that process, you may apply for judicial review. First-instance jurisdiction usually lies with the Federal Circuit and Family Court of Australia (FCFCOA) Division 2; ART decisions in character (s500) cases and personal decisions by the Minister go to the Federal Court (Migration Act s476 and s476A).
- Deadline: 35 days from the date of the decision (Migration Act s477 and s477A). The court can extend this if satisfied it is necessary in the interests of the administration of justice, but this is discretionary and not guaranteed.
- Filing fee: for an FCFCOA migration application, the full fee is $4,015, or $2,005 if a reduced fee is approved (as at 1 July 2026). Exemptions and reductions are available for financial hardship or certain concession cards.
- It is not merits review: the court does not re-decide the facts - it examines only 'jurisdictional error'. It is not a procedure to change the outcome with new evidence.
- The procedure is complex and, if you lose, you may be ordered to pay the other side's legal costs, so consulting a lawyer is effectively essential.
Note: the 35 days run from the 'date of the decision', not the day you were notified (Migration Act s477(3)). Confirm the deadline with a lawyer as soon as you receive the ART outcome. An extension is possible only on a written application that the court grants.
In your own language even if English is hard — free interpreters and professionals
It is okay even if your English is not fluent. The ART provides interpreters free of charge, and if you need an interpreter you can let them know in advance. Every foreign national living in Australia has the right to explain their situation in their own language.
Phone interpreting — TIS National (131 450)
When contacting the ART by phone, you can use the Translating and Interpreting Service (TIS National).
- Call TIS 131 450 (within Australia, at the cost of a local call), or from overseas +61 3 9268 8332.
- Tell the operator your language, the name of the organisation to connect to (Administrative Review Tribunal), and the phone number (1800 228 333), and they will connect you together with an interpreter.
- If you need an interpreter at the hearing, notify the ART of your language and dialect in advance to be allocated a qualified interpreter free of charge.
Registered migration agent and lawyer consultation
Responding to a visa decision involves intertwined deadlines, evidence, and legal principles, so professional help can make a big difference. To provide immigration advice for a fee in Australia, a person must be a registered migration agent (MARA registered) or a lawyer. Do not entrust your case to an unqualified person; check the agent's registration at mara.gov.au. If cost is a burden, look for a local community legal centre or a free/low-cost immigration advice service.
Frequently asked questions
What is the ART? Is it the same as the former AAT?
The ART (Administrative Review Tribunal) is a federal tribunal that independently re-examines government decisions, and from 14 October 2024 it replaced the former AAT. The ART took over the former AAT's immigration and refugee work and handles the merits review of visa refusal and cancellation decisions.
What happens if I miss the application deadline?
Review deadlines are set by law. General migration and protection decisions must be applied for within 28 days of notification (14 days if you are in immigration detention on the notification day), and s501 expedited character reviews within 9 days; the ART has no power to extend these deadlines (Migration Act s347 and s500(6B)). Being even one day late may mean the application is not accepted, so your rights are effectively lost. Only some types, such as non-expedited character reviews, allow an extension request. The accurate deadline is the one in your own decision letter, so check it immediately, and if it is near, lodge first.
Is there a cost for a review?
From 1 July 2026, the review fee for general migration decisions (Part 5) is $3,727, and you can request a 50% reduction for financial hardship. Character-related decisions attract the standard fee of $1,195, and protection decisions $2,293 (in general payable only if the ART affirms the original decision). If the decision is set aside, varied or remitted, 50% of what you paid is refunded, and some bridging visa decisions that led to detention are free. Fees increase every 1 July, so check the latest amounts at art.gov.au.
My English is poor — can I proceed in my own language?
Yes. The ART provides interpreters free of charge, and if you need an interpreter you can notify your language and dialect in advance. When contacting by phone, tell TIS National (131 450) your language and the ART (1800 228 333) and you will be connected together with an interpreter.
Official source links
- Administrative Review Tribunal (1800 228 333)(opens in a new window)
Administrative Review Tribunal — apply for and enquire about merits review of visa refusals and cancellations (1800 228 333).
- ART — Immigration and citizenship(opens in a new window)
ART immigration and citizenship review guidance — which decisions are reviewable, and how to apply, deadlines, and fees.
- ART — Fees(opens in a new window)
Official ART fees page - current amounts, 50% reduction, and refund conditions.