Visa Refused or Cancelled in Australia? Facts, Deadlines, Fees and Every Guide — HECT Knowledge Hub

Many refusal and cancellation decisions can be reviewed by the Administrative Review Tribunal (ART), but not all. Your decision letter states whether review is available, who may apply (you or an Australian sponsor) and the deadline. Read the letter first, then decide the next step.

The period is printed on your decision letter. Commonly 21 or 28 days; 7 days if you are in immigration detention; 9 days (not extendable) for character-related decisions under section 501; often 70 days for a sponsor reviewing an offshore decision. The ART cannot extend migration time limits — a late application is invalid.

The fee for most migration decisions is $3,727. A 50% reduction is available if paying in full would cause severe financial hardship, and 50% of the fee paid is refunded if the ART sets aside, varies or remits the decision. Protection (refugee) decisions cost $2,293, payable only if the review is unsuccessful. Character-related decisions cost $1,195. Fees are indexed every 1 July.

Tribunal figures for reviews finalised 1 March – 31 August 2026 show half of all migration reviews were finalised within 1 year 5 months and 95% within 2 years 9 months. Student visa refusals: about 1 year 5 months (median); visitor visas: about 1 year; partner visas: about 3 years 2 months. You usually hold a bridging visa while you wait.

It means you are in Australia without a substantive visa and a visa applied for since your last arrival has been refused or cancelled, so you can only apply onshore for a short list of exempt visas. It does not stop you seeking ART review, and it does not apply if you leave and apply from outside Australia.

It is a procedural-fairness letter from the Department of Home Affairs telling you it holds information that may count against your application and giving you a set period to respond before a decision is made. Respond point by point to each issue raised, attach evidence, and lodge it within the period and by the method stated in the letter.

A Notice of Intention to Consider Cancellation is a warning under provisions such as section 116 of the Migration Act that the Department is considering cancelling your visa — the visa is not yet cancelled. The notice sets a response period, often short. Lodge a written response with evidence within that period explaining why the visa should not be cancelled.

If you are in Australia and the letter gives review rights, you can apply to the ART within the time limit and address the specific criterion the Department relied on with new evidence. If there is no review right or the deadline has passed, options include a new application where section 48 allows it, or applying from outside Australia.

If you applied from outside Australia there is generally no ART review right unless the application was in a sponsored stream (the Australian sponsor applies for review). If you applied while in Australia, ART review is usually available. Your letter confirms which applies.

For an onshore partner visa (820/801) refusal, the applicant usually applies to the ART within the time limit. For an offshore partner visa (309/100) refusal, the Australian sponsor usually applies for review.

Cancellations made in immigration clearance under section 116 are generally not reviewable by the ART. Possible paths include judicial review (legal error only), a ministerial intervention request, or a new application where eligible. Time is extremely short in these cases — seek help immediately.

If the decision was made by a Department delegate you can apply to the ART within 9 days, and that period cannot be extended; for a mandatory cancellation you can request revocation within the period stated in the notice. If the Minister made the decision personally, the ART cannot review it and only the courts can.

The Visa Applicant Character Consideration Unit is the Department team that assesses character issues such as criminal history. There is no fixed timeframe and assessments can take many months; you can provide submissions and evidence while it is pending.

There are usually four paths: judicial review in the Federal Circuit and Family Court within 35 days, only for legal error (filing fee $4,180, or $2,090 with an approved hardship reduction); a ministerial intervention request, which the Minister is not obliged to consider; a new application where section 48 allows; or departing and applying from offshore. Each has a different deadline.

Affirm means the ART agrees with the original decision. Set aside and substitute means the ART makes a new decision in its place. Remit means the ART sends the matter back to the Department with directions to reconsider it in line with the Tribunal’s findings — usually because you have now met the criterion in dispute.

Yes. Registered Migration Agents, regulated by the Office of the Migration Agents Registration Authority (OMARA), can prepare your case, lodge the application and represent you at the hearing. Check the agent’s MARN on the OMARA register. The HECT team are Registered Migration Agents; we are not a law firm.

It depends on the conditions of your bridging visa. In most cases a Bridging Visa A carries over the work conditions of your previous visa; if you face financial hardship you may apply to have work restrictions lifted. Check your bridging visa conditions as soon as the review is lodged.

If you held a Bridging Visa A when you lodged the review it normally continues until the review is finalised. If you do not hold one you may need to apply for a Bridging Visa E, which carries tighter work and travel restrictions.

The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. Migration and refugee reviews are now decided by the ART under the Administrative Review Tribunal Act 2024.

Public Interest Criterion 4020 deals with false or misleading information and bogus documents. A finding usually leads to refusal and affects further applications for 3 years, or up to 10 years where identity is not established. The finding can be contested at the ART and in some cases a waiver can be sought.

If you are in Australia, section 48 may limit you to a short list of exempt visas (for example some partner, protection and bridging visas). Applying from outside Australia is generally not affected by section 48. Confirm your review rights before choosing this path so you do not miss the ART deadline.

Yes — the first 15-minute phone call is free. We check your review deadline and review rights and explain how we may be able to assist.