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.
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'.
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.
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 | Within 28 days of notification | No - Migration Act s347 removes the ART's power to extend |
| If you are in immigration detention on the day you are notified | Within 14 days of notification | No |
| s501 character refusal or cancellation - delegate decision notified in Australia (expedited review) | Within 9 days of notification | No - the ART must decide within 84 days of notification |
| Non-expedited character reviews - e.g. protection visa refusals on character grounds, decisions made while offshore | Usually within 28 days of notification | An extension can be requested (at the ART's discretion) |
| s501(3A) mandatory cancellation - revocation request to Home Affairs (not the ART) | Within 28 days of notification | No - Migration Regulations reg 2.52 |
| Judicial review by a court - FCFCOA (Federal Court for some cases) | Within 35 days of the date of the decision | Only if the court is satisfied it is necessary in the interests of the administration of justice (s477) |
Sources: Migration Act 1958 s347 and s500(6B) (ART application deadlines) and s477 (court deadlines), Migration Regulations 1994 reg 2.52, and official ART guidance (checked July 2026). How the 'day you are notified' is worked out (including deemed notification) can vary by notification method and case, so always re-check against your own letter and with a professional.
If the deadline is close, it is usually safer to lodge the review application within the time limit first, even before your documents are complete (further material can be submitted after lodgement). For general migration decisions (Part 5), the fee must also be paid within the application deadline for the application to be valid, so handle payment together with lodgement.
The day you are 'notified' is worked out under legal rules that depend on how the decision was sent (email or post). The clock may already be running even if you opened the letter late, so check your mailbox and email (including spam) immediately.
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.
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.
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.
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.
Even if you have not gathered all your materials, if the deadline is near, it is usually safer to lodge first and supplement later.
Most migration cases lodge a review through the ART's online service. Prepare the following.
ART fees increase each 1 July in line with CPI. The amounts that apply from 1 July 2026 are:
Check the exact current amounts on the ART fees page.
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.
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.
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.
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).
Decisions under s501, s501A, s501B, s501BA or s501CA made personally by the Minister cannot be reviewed by the ART. The only avenue is judicial review by a court, and jurisdiction lies with the Federal Court, not the FCFCOA (Migration Act s476A). The time limit is equally short: 35 days from the date of the decision.
If the ART also does not change the outcome, you can request Ministerial Intervention (Migration Act s351), under which the Minister may substitute a more favourable decision in the public interest. This is not a right - it is entirely at the Minister's discretion, and most requests are not successful. For how to prepare, see the immigration advice guide under 'Related guides' below.
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).
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.
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.
When contacting the ART by phone, you can use the Translating and Interpreting Service (TIS National).
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.
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.
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.
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.
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.
If the ART affirmed the decision and you believe there was a legal error (jurisdictional error) in that process, you can apply for judicial review. The deadline is 35 days from the date of the decision (the court may extend at its discretion); general cases go to the FCFCOA, while character (s500) cases and personal decisions by the Minister go to the Federal Court. It is not a re-examination of the facts but a procedure that examines only lawfulness, and because it is complex, consulting a lawyer is effectively essential.
It depends on who made the decision. s501 refusals and cancellations, and s501CA refusals to revoke, made by a Home Affairs delegate can be reviewed by the ART; if the decision was made in Australia, you must apply within 9 days of notification (no extension, and the ART decides within 84 days). In contrast, decisions made personally by the Minister cannot be reviewed by the ART - only Federal Court judicial review is available. For an s501(3A) mandatory cancellation, you must first request revocation from Home Affairs within 28 days. Check your decision letter for the decision-maker and the section relied on.
It depends on your case. If you applied for a visa in Australia and it was refused, you can often remain lawfully on a bridging visa while the review is under way. However, if your visa was cancelled, or in character (s501) cases, immediate status or detention issues can arise, so the position is different. Check your current status on VEVO and always confirm with a registered migration agent or lawyer based on your own circumstances.
Administrative Review Tribunal — apply for and enquire about merits review of visa refusals and cancellations (1800 228 333).
ART immigration and citizenship review guidance — which decisions are reviewable, and how to apply, deadlines, and fees.
Official ART fees page - current amounts, 50% reduction, and refund conditions.
Department of Home Affairs — official immigration information on visas, decisions, and review rights.
Home Affairs - official information on visa cancellation, including character (s501) cancellations.
Translating and Interpreting Service — phone interpreting (131 450), support in your own language when contacting the ART.
Federal Circuit and Family Court of Australia — judicial review (court review) of ART decisions.
Office of the Migration Agents Registration Authority — verify the authenticity of a registered migration agent.
The information above is based on official sources, but scheme names, fees, phone numbers, and deadlines may change. Before taking any action, always check the latest information in your own refusal or cancellation decision letter and on the official sites, and consult a registered migration agent or lawyer.
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.
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.
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.
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.
If the ART affirmed the decision and you believe there was a legal error (jurisdictional error) in that process, you can apply for judicial review. The deadline is 35 days from the date of the decision (the court may extend at its discretion); general cases go to the FCFCOA, while character (s500) cases and personal decisions by the Minister go to the Federal Court. It is not a re-examination of the facts but a procedure that examines only lawfulness, and because it is complex, consulting a lawyer is effectively essential.
It depends on who made the decision. s501 refusals and cancellations, and s501CA refusals to revoke, made by a Home Affairs delegate can be reviewed by the ART; if the decision was made in Australia, you must apply within 9 days of notification (no extension, and the ART decides within 84 days). In contrast, decisions made personally by the Minister cannot be reviewed by the ART - only Federal Court judicial review is available. For an s501(3A) mandatory cancellation, you must first request revocation from Home Affairs within 28 days. Check your decision letter for the decision-maker and the section relied on.
It depends on your case. If you applied for a visa in Australia and it was refused, you can often remain lawfully on a bridging visa while the review is under way. However, if your visa was cancelled, or in character (s501) cases, immediate status or detention issues can arise, so the position is different. Check your current status on VEVO and always confirm with a registered migration agent or lawyer based on your own circumstances.
