A refusal letter lands on a Friday evening. The applicant reads it on Monday, rings a lawyer on Wednesday, and assumes the review clock started with that call. It did not. Under the Migration Act the review period runs from the day you are taken to have been notified. That is a fixed number of days after the Department sent the email, whether or not you opened it. Consequently, by the time many people ask for help, much of the window is gone.
The Administrative Review Tribunal, or ART, replaced the Administrative Appeals Tribunal in October 2024. It reviews most onshore visa refusals, sponsorship and nomination refusals, and many cancellations. This guide covers what the Tribunal does, what it costs in 2026-27, how the deadline is counted and what a strong file looks like.
Short answer: The ART fee for a migration review is $3,727, halved for severe financial hardship and partly refunded if the Tribunal sets the refusal aside. Your lodgement deadline runs from the date of notification, so calculate it on the day the refusal arrives.
The deadline comes first
Every other decision waits on this one. The Migration Act fixes a short period for lodging a review application, counted from the day you are deemed to have received the decision. If the letter was emailed, the deeming rule adds a set number of days to the send date. In immigration detention the period is shorter still.
Importantly, the Tribunal has no power to extend the time for migration reviews. A late application is invalid however good your reasons are. Therefore, we treat the deadline as the first task on any refused file. We confirm the notification date from the letter, count forward, and diarise a lodgement date with room to spare.
Timing also protects your status. A valid review application keeps a linked bridging visa alive until the Tribunal decides. Lodge late and you may become unlawful with no simple way back.
Who can apply for review
If you applied while in Australia and were refused, you can usually apply to the ART yourself. This covers skilled, employer sponsored, partner, student and most other subclasses. Onshore cancellations are generally reviewable too, unless the Minister personally decided.
When a standard business sponsorship or a nomination is refused, the review right belongs to the business, not the worker. The employer lodges, pays the fee and runs the case. However, the worker’s visa often depends on the outcome, so both sides should coordinate from day one.
Most offshore refusals carry no review right for the applicant. The exceptions are visas with an Australian sponsor, such as partner and some employer sponsored visas, where the sponsor applies. Offshore student and visitor refusals are typically not reviewable, so a fresh application is the practical route.
The refusals and review page lists the common decision types and who holds the review right for each.
What the Tribunal actually does
The ART conducts merits review. In plain terms, it steps into the shoes of the Department and makes the decision again. It is not a court, so you do not need to show a legal error. The Tribunal weighs all the evidence, including material the Department never saw, and asks whether you meet the criteria now.
Three outcomes are possible. First, the Tribunal can affirm the refusal. Second, it can set the decision aside and substitute its own, which is rare for visa criteria. Third, and most common on a successful review, it can remit the matter with a direction that a criterion is met. The Department then finalises the remaining checks, such as health and character.
The fee in 2026-27
| Item | Position |
|---|---|
| Application fee for a migration review | $3,727, payable at lodgement |
| Severe financial hardship | Fee halved on application with evidence of means |
| Decision set aside or remitted | Part of the fee is refunded |
| Decision affirmed | No refund |
The hardship reduction is not automatic. You apply at lodgement with evidence of income, assets and expenses. Because the fee is a condition of a valid application, we resolve the hardship question before the deadline, not after. Our own fees for review work are set out on the fees and process page.
How a review runs
- NotificationThe Department emails the refusal. Deemed receipt is a set number of days later, and the review period starts then.
- LodgementThe application, fee and any hardship request go in before the deadline. The bridging visa continues if one was held.
- Evidence and submissionsNew evidence and a written submission go to the Tribunal, ideally well before any hearing date.
- Hearing or papersThe Tribunal invites you to a hearing, or decides on the papers where the law allows.
- DecisionThe Tribunal affirms, sets aside or remits. A remitted case returns to the Department for finalisation.
Hearing or decision on the papers
Most applicants are invited to a hearing, usually by video. The Tribunal can also decide without a hearing in defined situations, for example where the written material alone supports a decision in your favour. During 2025 Parliament considered a Bill to widen paper based review for student and some temporary refusals. As a result, never assume a hearing will happen. Write the submission as if it is your only chance to be heard.
The written case decides most reviews either way. A good submission takes each refusal reason, states the criterion, and points to the evidence that answers it. A weak one restates the original application and hopes for a friendlier reader.
What a strong review file contains
For student refusals, the genuine student requirement is assessed afresh at the Tribunal. Our student visa page explains what that assessment looks for.
If the Tribunal affirms the refusal
An affirmed decision closes the merits route, but it is not always the end. Judicial review in the Federal Circuit and Family Court is available where the Tribunal made a legal error. The court cannot re-weigh the evidence and charges its own fees. Ministerial intervention is a separate last resort, with no fee but a high threshold. Finally, the section 48 bar usually blocks a new onshore application, so departing and reapplying may be the realistic option.
If you have just received a refusal, contact us with the letter and we will confirm the deadline the same day.
Fee verified against the Administrative Review Tribunal published fee as at 1 July 2026.
Frequently asked questions
Can the Tribunal extend my deadline if I lodge late?
No. For migration and refugee matters the ART has no power to extend the statutory period, regardless of the reason for delay. A late application is not valid. Count the period from the deemed notification date and lodge early.
Do I have to pay the full $3,727 up front?
The fee is payable at lodgement. If paying it would cause severe financial hardship, you can apply for a reduced fee, which halves the amount. Evidence of your income, assets and expenses must accompany the request.
Can I stay in Australia while the review runs?
Usually, yes. A valid review application keeps a bridging visa linked to the refused application in force until the Tribunal decides. Work rights follow the conditions of that bridging visa, so check them rather than assuming.
Can I rely on evidence the Department never saw?
Yes. Merits review looks at the case afresh, so new documents, updated circumstances and further witness statements are all admissible. In practice, the best reviews fix the evidence gaps that caused the refusal rather than repeating the original file.
What happens to the fee if I win?
If the Tribunal sets the decision aside or remits it to the Department, part of the application fee is refunded to the payer. There is no refund if the decision is affirmed.
General information as at 2 September 2026. Not legal advice. Review deadlines and fees change, and your options depend on the decision you received, so obtain advice before acting.