Options after visa is refused or cancelled?

We have extensive experience acting for clients whose visa has been refused or cancelled, including review applications to the Administrative Review Tribunal (ART) and judicial review in the Federal Circuit and Family Court. We also assist to contest or respond to visa cancellations, including section 501 character cancellations and cancellations under sections 109 and 116.

The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. If your decision letter mentions the AAT, the review is now handled by the ART.

Which review option applies to you?

• Merits review at the ART: most visa refusals and cancellations made in Australia, and some decisions on offshore applications that need an Australian sponsor or nominator, can be reviewed by the ART. The Tribunal looks at your case again and can consider new evidence. See ART review and ART fees.
• Judicial review in court: if the ART decision contains a legal error, you may be able to apply to the Federal Circuit and Family Court. The court does not decide the merits of your case.
• Ministerial intervention: in limited cases, after an unsuccessful ART review, you can ask the Minister to intervene. New guidelines apply from September 2025. See ministerial intervention.
• A new visa application: sometimes the best option is to apply for a different visa, if no bar such as the section 48 bar or a re-entry ban stops you.

Time limits to apply for review

The deadline to apply is set out in your decision letter, and in most cases the Tribunal cannot extend it, so act quickly. As a general guide:

• Most decisions where you are in Australia: 28 days from when you are notified of the decision.
• If you are in immigration detention: much shorter limits apply, in some cases only a few working days.
• Character decisions: shorter limits often apply, for example 9 days.
• Court review of an ART decision: 35 days from the ART decision.

Time is counted from when you are taken to have received the decision. A decision sent by email or to your ImmiAccount is usually taken to be received on the day it is sent.