Refused or cancelled?The clock startedthe day you were notified.
A refusal or cancellation letter carries a deadline, usually 21 days for an onshore refusal and shorter for cancellations, and the deadline cannot be extended. Most onshore decisions can be taken to the Administrative Review Tribunal for a fresh decision on the merits. The right response depends on why you were refused, where you were, and how many days are left.
Government charges, review
- ART application fee, migration decisionspaid at lodgement$3,727
- Fee where financial hardship is approvedrequested when you lodgehalf the fee
- Refund if the decision is set aside or remittedpaid after the outcomehalf the fee
- Bridging visa while the review runsif you held one when refused$0
As at 1 July 2026. Tribunal fees are set by regulation and change each 1 July. Court filing fees are separate. Our professional fee is fixed and quoted in writing.
Most onshore refusals can be reviewed. Few deadlines can be moved.
When the Department of Home Affairs refuses a visa or cancels one, the applicant or the Australian sponsor can usually apply to the Administrative Review Tribunal for merits review within a strict period that runs from the date of notification, typically 21 days for an onshore refusal and as short as seven working days for some cancellations. The ART fee is $3,727, reduced by half for financial hardship and half refunded if the decision is set aside, and the Tribunal can substitute its own decision or send the matter back to the Department with directions.
Verified as at 1 July 2026 against the Administrative Review Tribunal Act 2024, Parts 5 and 7 of the Migration Act 1958 and Division 4.1 of the Migration Regulations 1994.
Can I seek review? A 30-second check
Answer the questions to see where you stand.
A guide only, not legal advice. The consultation is where the real answer comes from.
What the refusal letter tells you, and what it does not.
Every decision record follows the same shape. Read it for four things before you do anything else.
- 01
The reasons
Which criterion the Department says you failed, and what evidence it weighed. This is the case you must answer at the Tribunal. A refusal on one criterion often means the others were accepted.
- 02
The review rights and the notification date
The letter names the Tribunal and the period. The period runs from when you are taken to be notified, not when you read it. An email counts on the day it is sent. A letter posted in Australia counts seven working days after its date.
- 03
Your bridging visa
A bridging visa A continues while a review lodged in time is pending. Without a review it ends 35 days after notification. Work rights carry over. If you are unlawful, a bridging visa E is the first step.
- 04
Section 48
A refusal or cancellation while you are in Australia bars most further onshore applications. The exceptions include the partner visa, protection, bridging visas and, since November 2021, the 190, 491 and 494. Review is usually the only way to stay on the same application.
How merits review works since 14 October 2024.
The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. It decides the case afresh, on the law and on the facts as they stand at the hearing, and new evidence is allowed.
Lodge in time and pay $3,727
The application is lodged online with the decision record. The fee is $3,727, halved where financial hardship is shown with evidence at lodgement. The deadline is fixed by regulation and the Tribunal has no power to extend it.
The Department's file and your evidence
The Department sends the Tribunal its file. You add new evidence, statements and submissions. Many reviews are won on material that did not exist, or was not lodged, when the Department decided.
The hearing
A Tribunal member hears from you and your witnesses, with an interpreter if needed. Before deciding against you the Tribunal must put adverse information to you and give you the chance to respond.
The outcome
The Tribunal affirms the decision, sets it aside and substitutes its own, or remits the case to the Department with a direction that a criterion is met. Half the fee is refunded if the decision is set aside or remitted. If the decision is affirmed, judicial review must be filed within 35 days.
The deadlines, and who has to lodge.
These are the usual periods from notification. The letter states yours. If it differs from this table, the letter governs.
| Decision | Who applies | Usual period from notification |
|---|---|---|
| Visa refused while the applicant is in Australia | The applicant | 21 days |
| Visa refused outside Australia, sponsored or nominated by an Australian | The sponsor or nominator, in Australia | 70 days |
| Visa cancelled in Australia on general grounds, section 116 | The former visa holder | 7 working days, 2 working days in detention |
| Character refusal or cancellation by a delegate, section 501 | The person | 9 days |
| Mandatory character cancellation, section 501(3A) | The person, by a revocation request to the Minister | 28 days |
| Sponsorship or nomination refused | The employer | 21 days |
| Protection visa refused | The applicant | 28 days |
Periods run from when you are taken to be notified, not from when you read the letter. Decisions made by the Minister personally and most offshore refusals without an Australian sponsor cannot be reviewed at the Tribunal.
What a review costs in government fees.
Untick the standard fee and tick the reduced fee if financial hardship is likely to be approved. Court fees and our fixed professional fee are additional.
As at 1 July 2026. Half the fee paid is refunded if the Tribunal sets the decision aside or remits it. The fee is not refunded if the decision is affirmed or the application is withdrawn.
Natural justice letters, PIC 4020, the Minister and the courts.
Five situations where the ordinary review path is not enough, or has not started yet.
How bridging visas work during a review- 01
The natural justice letter
Before refusing on adverse information, the Department must invite you to comment under section 57. The letter sets a response period, usually 28 days for someone in Australia. It is the last chance to fix the application before a decision, and silence is treated as no answer.
- 02
Public interest criterion 4020
False or misleading information, or a bogus document, in the application or in a visa held in the previous 12 months brings refusal and a three-year bar on most visas. Identity fraud brings ten years. A waiver exists for compelling circumstances affecting Australia's interests, or compassionate circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen.
- 03
Section 48 and the way around it
The bar applies to most onshore applications after an onshore refusal or cancellation. The ways through are review, the partner visa, the 190, 491 and 494 with nomination, or leaving Australia and applying from outside, subject to any exclusion period.
- 04
Ministerial intervention
After the Tribunal affirms a refusal, the Minister can personally substitute a more favourable decision under section 351. The power is discretionary and cannot be compelled. The guidelines require unique or exceptional circumstances, and a request does not by itself bring a bridging visa or a right to stay.
- 05
Judicial review
The Federal Circuit and Family Court can set aside a Tribunal decision for jurisdictional error, on an application filed within 35 days of the decision. The court does not re-weigh the evidence. A successful case goes back to the Tribunal, and an unsuccessful one usually carries a costs order.
Refusals and review, answered plainly.
How long do I have to appeal a visa refusal?
Usually 21 days from notification for a visa refused while you were in Australia, 70 days for a sponsored offshore refusal, and as little as seven working days for a cancellation. Character decisions by a delegate allow nine days. The period runs from when you are taken to be notified, and it cannot be extended.
How much does an ART review cost?
The application fee is $3,727. It is halved where the Tribunal accepts that paying the full fee would cause financial hardship, and half of the fee paid is refunded if the Tribunal decides in your favour. Court filing fees and professional fees are separate.
Can I stay in Australia during the review?
Yes, if you held a bridging visa A when the refusal was made and lodge the review in time. The bridging visa continues with the same work rights until 35 days after the Tribunal decides. Travel needs a bridging visa B at $575. If you are unlawful, apply for a bridging visa E first.
What does the Tribunal actually decide?
It stands in the Department's shoes and decides the application again, on the evidence before it at the hearing. You can lodge new evidence and fix gaps. The Tribunal can affirm the refusal, replace it with a grant, or send the case back to the Department with a direction that a criterion is met.
What if the deadline has passed?
The Tribunal cannot accept a late application. The options are a fresh application where section 48 allows one, judicial review if the decision involved legal error, or leaving Australia and applying from outside. Each of these has its own time limits, so the first call should be today.
Can a refusal outside Australia be reviewed?
Only where an Australian citizen, permanent resident, business or organisation sponsored or nominated the applicant. The sponsor or nominator lodges the review from Australia, usually within 70 days. Other offshore refusals are not reviewable and the answer is a stronger new application.
What is PIC 4020 and can it be waived?
Public interest criterion 4020 applies where false or misleading information or a bogus document was given in the application, or in a visa held in the last 12 months. It brings refusal and a three-year bar, or ten years for identity fraud. A waiver is possible for compelling circumstances affecting Australia's interests or compassionate circumstances affecting an Australian citizen or permanent resident.
Where this visa connects.
- BridgingOpen
Bridging visas
Staying lawful while the review runs.
- PartnerOpen
Partner visa
One of the few visas you can lodge onshore after a refusal.
- 482Open
Skills in Demand visa
Nomination and visa refusals, and the employer's review rights.
- 500Open
Student visa
Genuine Student refusals and what the Tribunal looks at.
Articles on this visa
Refused, cancelled or holding a natural justice letter?
Send the letter today. One consultation tells you the deadline, whether review is available and a fixed fee for the review.