VISA REFUSED OR CANCELLED?
Find Out What You Can Do Next
Our migration appeal specialists can explain your options and the steps to take.
Request a callback, no obligation. Share a few details and our team will call you.
Registered migration agents Confidential enquiries
Appeal rights, eligibility and deadlines depend on your circumstances.
When the ART affirms a refusal or cancellation there are usually four paths: (1) judicial review in the Federal Circuit and Family Court of Australia within 35 days, only if the Tribunal made a legal error; (2) a request for ministerial intervention, which the Minister is not obliged to consider; (3) a new visa application, if section 48 allows it; or (4) departing Australia and applying from offshore. Each has a different deadline, so the first step is to read the date on the ART decision.
1. Judicial review — Federal Circuit and Family Court (Division 2)
- What it is: a court checks whether the Tribunal made a jurisdictional error — for example, misunderstood the law, ignored a mandatory consideration or denied you procedural fairness. The court does not re-weigh your evidence or decide whether you deserve the visa.
- Time limit: 35 days from the date of the ART decision. Unlike the ART, the court can extend this period if you explain the delay, but do not rely on it.
- Fee: $4,180 filing fee for a migration application from 1 July 2026, or $2,090 if a Registrar accepts financial hardship.
- Outcome: if you succeed the case normally goes back to the ART to be decided again, lawfully. It is not a visa grant.
- Who can help: court proceedings are legal work. HECT can review the ART decision record with you and, where a legal error appears arguable, refer you to an independent legal practitioner.
2. Ministerial intervention
Under sections 351, 417 and 501J of the Migration Act the Minister has a personal power to substitute a more favourable decision after a Tribunal decision if the Minister thinks it is in the public interest. Key facts:
- The Minister has no duty to consider a request, and the decision cannot be reviewed.
- Requests are assessed against published guidelines that look for unique or exceptional circumstances — for example strong Australian family ties, an Australian citizen child, serious health issues, or circumstances the Tribunal could not consider.
- A request does not automatically give you a bridging visa or stop removal; ask us how to remain lawful while it is considered.
Read more on our ministerial intervention guide.
3. A new application — and the section 48 bar
If you are in Australia, do not hold a substantive visa, and a visa has been refused or cancelled since you last arrived, section 48 limits the onshore visas you can apply for. You can still apply for a limited list of visa classes — including partner visas (subject to Schedule 3 criteria), protection visas and, since 2021, the skilled subclasses 190, 491 and 494. Anything else must be lodged from outside Australia. Our section 48 page explains the exemptions.
4. Departing and applying offshore
Leaving Australia removes the section 48 bar, but the earlier refusal or cancellation stays on your record and may trigger Public Interest Criterion 4013 or 4014 exclusion periods (commonly 3 years) for some future applications. Before you book a flight, check whether an exclusion period applies and whether a waiver is realistic.
Staying lawful while you decide
Most applicants hold a bridging visa that ends a set number of days after the ART decision (the grant letter tells you how many). If you lodge a court application or ministerial request you may be eligible for a further bridging visa — usually a Bridging Visa E, which restricts work and travel. Overstaying, even by a day, creates new problems, so deal with the bridging visa first.
Received a negative ART decision this week? The court deadline is 35 days. Tell us your dates and we will map the options that remain.
Speak to a migration ART expert · Call 1300 770 585 (first 15-minute call is free).
Frequently asked questions
Can I appeal the ART decision to a higher tribunal?
There is no further merits appeal in migration matters. The only review is judicial review by the Federal Circuit and Family Court, and only for legal error.
How long do I have to go to court after the ART decision?
35 days from the date of the decision. The court can extend the period, but you must apply and explain the delay.
What does judicial review cost?
The court filing fee is $4,180 from 1 July 2026 ($2,090 with an approved hardship reduction), plus any legal representation. If you lose, you may also be ordered to pay the Minister’s costs.
Does the Minister have to answer my intervention request?
No. The powers are personal and non-compellable. The Department assesses whether the request meets the Minister’s guidelines and may decline to refer it to the Minister at all.
Can I lodge another visa application in Australia after the ART refuses me?
Only for visa classes exempt from section 48 (for example partner, protection, 190, 491, 494) and only if you meet all their criteria — including Schedule 3 for partner visas. Otherwise you would need to apply from offshore.
Sources
- Federal Circuit and Family Court — Migration: apply for judicial review (35-day limit)
- Federal Circuit and Family Court — Fees from 1 July 2026
- Migration Act 1958 — s48, s351, s417, s501J
- Department of Home Affairs — Ministerial intervention
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.
