Visa Refused? How to Appeal to the ART
Updated 22 September 2026 · General information, not legal advice
A refused visa can be taken to the Administrative Review Tribunal (ART) for merits review within 28 days after you are notified of the decision, or within 14 days if you are in immigration detention, under section 347 of the Migration Act 1958 (Cth). The application fee for most migration decisions is $3,727 as at September 2026, with a 50% reduction for financial hardship, and protection visa reviews carry a $2,293 fee that is payable only if the review fails.
The first step is to read the Department of Home Affairs decision letter. It states whether the decision can be reviewed, who can apply and the time limit. Then work out the day you were notified, apply online through the ART and pay the fee before the deadline. The ART cannot extend the time limit, so many people contact one of the Immigration Lawyers in Australia as soon as the letter arrives.
What are your options after a visa refusal?
There are 4 main options after a visa refusal, and the right one depends on the decision type and where you are:
- Merits review at the ART. The ART looks at the case again and can make a new decision. This is the main option for most onshore refusals and for offshore visas with an Australian sponsor.
- A new visa application. This is sometimes possible, but section 48 of the Migration Act limits the visas a person in Australia can apply for after a refusal if they hold no substantive visa.
- Judicial review. The Federal Circuit and Family Court of Australia (Division 2) reviews an ART decision for legal error only.
- Ministerial intervention. The Minister has a personal power to substitute a more favourable decision after the ART has decided the case.
The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. The Immigration Assessment Authority closed on the same day.
How long do you have to appeal a visa refusal?
You have 28 days after being notified of most visa refusals and cancellations to apply to the ART, and 14 days if you are in immigration detention on the day you are notified. The table sets out the limits as at September 2026.
| Decision | Time limit to apply to the ART | Can the time be extended? | Source |
|---|---|---|---|
| Visa refusal or cancellation (not in detention) | 28 days after notification | No | Migration Act s 347(3)(b), s 347(5) |
| Visa refusal or cancellation (in immigration detention) | 14 days after notification | No | Migration Act s 347(3)(a) |
| Protection visa refusal or cancellation | 28 days, or 14 days in detention | No | Migration Act s 347 |
| Sponsorship or nomination refusal | 28 days after notification | No | Migration Act s 347 |
| Character refusal or cancellation under s 501, decided while in Australia (expedited) | 9 days after notification | No | ART |
| Other character decisions (non-expedited) | Usually 28 days | Yes, on application | ART |
| Citizenship refusal or cancellation | Usually 28 days | Yes, on application | ART |
Older guides written for the AAT quote different limits, such as 7 working days for people in detention. Section 347 was replaced when the ART started and was amended again in February 2025, so the current limits are those above. The decision letter remains the best guide for a particular case.
When are you taken to be notified?
The notification date depends on how Home Affairs sent the letter. Under section 494C of the Migration Act:
- Email or other electronic means: notified at the end of the day the document is sent.
- Online account (such as ImmiAccount): notified at the end of the day the document is made available.
- Post within Australia: notified 7 working days after the date on the letter.
- Post from overseas or to an overseas address: notified 21 days after the date on the letter.
- By hand: notified when the document is handed over.
How much does it cost to apply to the ART?
The ART application fee for a migration decision is $3,727 as at September 2026, and it must be paid before the deadline for applying. Fees rise each 1 July in line with the Consumer Price Index under regulation 4.13A of the Migration Regulations 1994.
| Review type | Application fee (from 1 July 2026) | When it is paid | Reduction or refund |
|---|---|---|---|
| Migration decision (Part 5 of the Migration Act) | $3,727 | Before the application deadline | 50% reduction for financial hardship; 50% refund if the decision is set aside, varied or remitted |
| Protection visa decision | $2,293 | Only if the review is unsuccessful, within 7 days of the ART's invoice | Not payable if the decision is remitted, or if Home Affairs referred the decision to the ART |
| Character or citizenship decision | $1,195 (standard fee) | When lodging | $100 concessional fee in some circumstances |
| Bridging visa decision that led to detention | No fee | Not applicable | Not applicable |
How do you ask for the fee reduction?
To ask for the 50% reduction, pay at least half the fee by the deadline, then lodge the ART's request for fee reduction form with evidence before the review is finalised. Under regulation 4.13(4), the ART Principal Registrar considers the applicant's income, expenses, liabilities and assets. Useful evidence includes payslips or Centrelink statements, rent or mortgage records, bank statements and proof that legal aid or pro bono help was given. If two or more review applications are combined under regulation 4.12, only one application fee is payable (regulation 4.13(3)).
Who can apply for ART review?
The right to apply depends on where the visa applicant was and who sponsored them. Under section 347A of the Migration Act:
- Onshore visa refusal or cancellation: the visa applicant or former visa holder, who must be in Australia when applying.
- Offshore visa with an Australian sponsor or nominator: the sponsor or nominator applies, for example the Australian partner for a Partner (Provisional) 309 visa.
- Some family visas: the Australian relative named in the Act applies.
- Protection visa decision: the visa applicant, who must be in Australia.
The ART cannot review a visa cancellation made personally by the Minister.
What happens during an ART review?
The ART reviews the case on its merits, which means it can consider new evidence and make a fresh decision. The usual steps are:
- Lodgement. The ART confirms the application in writing and notifies Home Affairs.
- Department's documents. Under section 352, the Department gives the ART a statement of its findings, the evidence and its reasons within 10 working days.
- Submissions and evidence. The applicant, or their representative, sends documents and written submissions.
- Hearing. The applicant gives evidence to a Tribunal member, in person, by video or by phone. The ART provides a qualified interpreter free of charge.
- Decision. The ART affirms the refusal, or sets it aside and remits the case to Home Affairs, or substitutes a new decision.
Reviews are expedited automatically for people in immigration detention, for visa cancellations and for cases returned from a court. Anyone else can ask for expedition with evidence that they now meet the failed criterion, or on exceptional grounds such as reuniting a child under 18 with a parent.
Who can represent you at the ART?
An Australian migration lawyer can represent you and charge for it. A close family member or your sponsor or nominator can represent you free of charge, and you can represent yourself. An unregistered agent who gives this help is acting illegally under section 280 of the Migration Act 1958 (Cth).
What if the ART affirms the refusal?
If the ART affirms the refusal, two further paths exist. Neither is a second merits review.
Judicial review
Judicial review is a court challenge in the Federal Circuit and Family Court of Australia (Division 2). Under section 477 of the Migration Act 1958 (Cth), the application must be made within 35 days of the date of the ART decision, and the court can extend that period only if it is necessary in the interests of the administration of justice. The court decides whether the ART made a legal (jurisdictional) error; it does not re-weigh the facts. If it finds an error, the case usually goes back to the ART to be decided again.
Ministerial intervention
Under section 351 of the Migration Act, the Minister can substitute a more favourable decision for an ART decision if the Minister thinks it is in the public interest. The power can only be used by the Minister personally, and section 351(7) states that the Minister has no duty to consider using it. There is no right to have a request considered, and the power is available only after the ART has made a decision.
Editor's picks
Chosen by our editors from verified facts and always labelled. Shown separately from the data-ranked list. How we rank law firms
Australian Migration Lawyers
Lawyer-led migration practice with offices in nine Australian cities, covering every visa pathway from partner and skilled visas to appeals.
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View firm profileFinding an immigration lawyer for a visa refusal
A refusal review turns on evidence and deadlines, so compare practitioners early. The Immigration Lawyers in Australia rankings compare firms by city, including Immigration Lawyers in Sydney, Immigration Lawyers in Melbourne, Immigration Lawyers in Brisbane and Immigration Lawyers in Adelaide. Only a lawyer can take the matter on to court, and Immigration Lawyer vs Migration Agent explains why an Australian migration lawyer is the safer choice from the start.
Frequently asked questions
Can the ART extend the deadline for a visa refusal review?
No. Section 347(5) of the Migration Act 1958 (Cth) switches off the ART's general power to extend time for migration and protection decisions. A late application cannot be accepted.
Do I get my ART fee back if I win?
Partly. For migration decisions, the ART refunds 50% of the fee paid if the decision is set aside, varied or remitted to the Department of Home Affairs.
What if I miss the ART deadline?
The ART cannot accept the application, because the time limit for migration and protection decisions cannot be extended. The remaining options depend on your situation, such as a new visa application where section 48 allows it, so get advice quickly.
Is the Department of Home Affairs a party at the ART hearing?
Not an active one. Under section 348A of the Migration Act 1958 (Cth), the Minister is a non-participating party to migration and protection reviews and does not make submissions. The Department gives the ART its statement and the documents on the decision.
Can I apply for a different visa after a refusal?
Sometimes. If you are in Australia without a substantive visa after a refusal, section 48 of the Migration Act 1958 (Cth) limits you to certain visa classes, so check eligibility before applying.