VISA REFUSED OR CANCELLED?
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Appeal rights, eligibility and deadlines depend on your circumstances.
If the Department of Home Affairs refuses or cancels your visa and the decision is reviewable, you can ask the Administrative Review Tribunal (ART) to look at it again. You must apply within the time limit printed on your decision letter (commonly 28 days, only 9 days for character decisions, 7 days if you are in detention), pay the application fee (currently $3,727 for most migration decisions) and then wait for the Tribunal to consider your case — in 2026 half of all migration reviews are finalised within about 1 year and 5 months.
What the ART is
The Administrative Review Tribunal replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Its Migration and Refugee jurisdiction conducts merits review: a Tribunal member looks at your case fresh, can consider new evidence, and decides what the correct or preferable decision should be. It is not a court, and it does not decide whether the Department made a legal error — that is the job of the Federal Circuit and Family Court (see options after an ART decision).
Who can apply
- Visa refused while you are in Australia — usually the visa applicant applies.
- Visa refused while you are outside Australia — in most cases only an Australian sponsor or nominator can apply, and only for certain visa types (for example partner, family and some sponsored work visas). Many offshore refusals, including most visitor visa refusals, have no ART review right at all.
- Visa cancelled — the former visa holder applies. Cancellations made at the airport in immigration clearance are generally not reviewable by the ART (see visa cancelled at the airport).
- Nomination or sponsorship refused — the employer (nominator/sponsor) applies, not the visa applicant.
Your decision letter states whether the decision is reviewable and who can apply. If the letter says there is no review right, the alternatives are judicial review or a new application.
Time limits — the part people get wrong
The application must be received by the Tribunal within the period stated in your letter. The ART has no power to extend these deadlines for migration, protection or character decisions. Typical periods:
| Situation | Time limit (from notification) |
|---|---|
| Most visa refusals and cancellations, applicant in Australia | 21 or 28 days — check your letter |
| Applicant in immigration detention | 7 days |
| Character-related refusal or cancellation (s501) and refusal to revoke a mandatory cancellation | 9 days — cannot be extended |
| Sponsor/nominator review of an offshore decision | Often 70 days — check your letter |
The clock runs from the day you are taken to have been notified, which depends on how the Department sent the letter (email, post, ImmiAccount). If you are unsure, treat the date on the letter as day one and act immediately.
Not sure which time limit applies to you? Tell us your situation and we will let you know how we may be able to assist.
Speak to a migration ART expert · Call 1300 770 585 (first 15-minute call is free).
Fees in 2026
| Review type | Fee | Reduction / refund |
|---|---|---|
| Migration decisions (Part 5, Migration Act) — most refusals, cancellations, nominations | $3,727 | 50% reduction available for financial hardship; 50% of the fee paid is refunded if the decision is set aside, varied or remitted |
| Protection (refugee) decisions | $2,293 | Payable only if the review is unsuccessful |
| Character-related refusals and cancellations | $1,195 (standard fee) | Reduced fee of $100 may apply in cases of financial hardship |
| Bridging visa decisions | See letter | Some bridging decisions attract no fee |
Fees are indexed every 1 July. For migration reviews you must pay the full fee (or 50% if requesting a reduction) before your application deadline — an unpaid application is not valid.
How long an ART review takes
The Tribunal publishes processing times twice a year. For migration reviews finalised between 1 March and 31 August 2026:
| Case category | 50% finalised within | 95% finalised within |
|---|---|---|
| All migration categories | 1 year 5 months | 2 years 9 months |
| Student refusal | 1 year 5 months | 2 years 2 months |
| Student cancellation | 1 year 1 month | 1 year 7 months |
| Partner | 3 years 2 months | 3 years 11 months |
| Visitor | 1 year | 2 years 3 months |
| Nomination / sponsor approval | 1 year 6 months | 2 years 4 months |
| Temporary work | 1 year 6 months | 2 years 10 months |
| Bridging | 11 days | 1 year 1 month |
Protection reviews take longer (half within 2 years 1 month). The Tribunal generally tries to prioritise people in immigration detention and cancellation cases. While your review is pending you usually hold a bridging visa; check its conditions, especially work rights.
What happens at the hearing
- Lodgement and acknowledgement. You receive a case number and can upload documents through the ART portal.
- Submissions and evidence. You may lodge a written statement, supporting documents and a submission explaining why the decision should be changed. This is where most cases are won or lost.
- Invitation to hearing. The letter tells you the date, whether it is in person or by video, and whether an interpreter is arranged. You have the right to request an interpreter.
- Hearing. A Tribunal member asks you questions; your representative (a registered migration agent or other authorised person) can attend and make submissions. Since May 2026 some migration matters may be decided on the papers without an oral hearing.
- Decision. The member may affirm the decision (no change), set aside and substitute a new decision (for example, that you meet the criterion), or remit the case to the Department with directions to reconsider.
How HECT approaches an ART review
We check the deadline and review right on the day you contact us, identify which criterion the Department relied on, and build the evidence around that specific criterion rather than re-arguing the whole application. Read our complete visa refusal appeal guide or the guide for your visa type: student, partner, visitor, employer sponsored, business.
Frequently asked questions
Can the ART extend my deadline if I missed it?
No. For migration, protection and character decisions the Tribunal has no power to extend the time limit. An application received late is invalid. If you have missed the deadline, ask about judicial review, ministerial intervention or a new application instead.
Do I get the ART fee back if I win?
For migration decisions, 50% of the fee you paid is refunded if the Tribunal sets aside, varies or remits the decision. The full fee is refunded if the application is found to be invalid.
Can I get a discount on the ART fee?
Yes. If paying would cause financial hardship you can pay 50% by the deadline and lodge a fee-reduction request with evidence such as payslips, Centrelink statements and bank statements before the review is finalised.
Do I need legal representation at the ART?
No. You can represent yourself or appoint a registered migration agent to prepare submissions and attend the hearing with you. HECT’s team are registered migration agents regulated by the Office of the Migration Agents Registration Authority (OMARA).
Can I work while I wait for the ART decision?
That depends on the bridging visa you hold and its conditions. Many applicants hold a Bridging Visa A with the same work rights as their previous visa; others hold a Bridging Visa E with restrictions. Check your visa grant letter or ask us to check VEVO with you.
What if the Tribunal affirms the refusal?
You may be able to apply to the Federal Circuit and Family Court within 35 days if there was a legal error, request ministerial intervention, or in some cases lodge a new application. See our page on options after an ART decision.
Sources
- ART — Fees (application fee table, reductions and refunds)
- ART — Processing times (1 March – 31 August 2026)
- ART — Migration, Protection and Character Practice Direction (time limits)
- Administrative Review Tribunal Act 2024
- Migration Act 1958, s500(6B) (9-day limit for character decisions)
HECT Migration & Appeal Experts is a registered migration agency; our agents are regulated by the Office of the Migration Agents Registration Authority (OMARA). We are not a law firm and do not provide legal advice.
