ART Time Limits for Visa Refusals: When the Deadline Starts and Why It Cannot Be Extended

The most common reason a good review case fails is that it was lodged too late. Deadlines for migration reviews at the Administrative Review Tribunal (ART) are set by the Migration Act, and the Tribunal has no power to extend them. This guide explains the time limits, when the clock starts, and what counts as a valid application.

The main time limits

Decision	Time limit	Can it be extended?
Most visa refusals and cancellations, sponsor and nomination refusals	28 days after notification	No
Same decisions where you are in immigration detention when notified	14 days after notification	No
Character refusal or cancellation by a delegate under section 501, person in Australia	9 days after notification	No
Request to revoke a mandatory cancellation (section 501CA)	28 days after notification (to the Department, not the ART)	No
Reinstatement after the ART dismisses your review	28 days after you receive the dismissal notice	No
Judicial review of an ART decision in the Federal Circuit and Family Court	35 days after the ART decision	The Court may extend

Under the old AAT system, some offshore sponsor reviews had a longer period. Under the current Migration Act, the same 28 day limit applies to reviews by sponsors, nominators and relatives too. Your refusal letter must state the time limit, so always check it. See ART review.

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When the clock starts

The deadline runs from the day you are notified, not the day you read the letter. The Migration Act has rules about when you are taken to have received a document. A decision sent by email or to your ImmiAccount is generally taken to be received on the day it is sent. Letters sent by post are taken to be received later. The day of notification is not counted, and the review must be lodged by the end of the last day.

If you are unsure when you were notified, count from the earliest possible date and lodge well before the deadline.

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What makes an application valid

• The right person applies: for an onshore refusal, the applicant; for many offshore refusals, the Australian sponsor, nominator or relative. See offshore refusal review rights.
• Location: for onshore refusals and cancellations, the applicant must be in Australia when the review is lodged.
• Required information: lodge through the ART online form or another accepted method, and include a copy of the decision letter if you have it.
• The fee is paid in time: the full fee, or a request for the 50% financial hardship reduction with the reduced amount. See ART fees.

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What happens if you are late

A late application is not properly made, so the ART has no jurisdiction to review the decision. The Tribunal will decide it cannot deal with the case. If you hold a Bridging Visa A, it then generally ends 35 days after that ART decision. See your bridging visa after a refusal.

Your remaining options may include a new visa application if one is available to you, leaving Australia and applying from outside, or in limited cases court review. Ministerial intervention generally requires an ART decision on the merits, so a missed deadline usually closes that door too. See reapply or seek review.

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Tips to protect the deadline

• Diarise the deadline the day the decision arrives.
• Lodge first and add submissions and evidence later. You do not need your full case ready to apply.
• Do not wait for an FOI request or your file before lodging. See freedom of information requests.
• Keep the ART acknowledgement and fee receipt.

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What you should do now

• Find the date you were notified: check the email time stamp or ImmiAccount.
• Count the days: 28 days, or 14 if in detention, or 9 for character decisions.
• Arrange the fee: pay in full, or request the hardship reduction in time.
• Lodge early: you can send evidence after lodging.