Your refusal letter has three parts that decide what you can do next: (1) the criterion the Department says you failed — this is what any appeal must address; (2) whether you are “affected by section 48”, which limits new applications in Australia; and (3) the review rights paragraph with the number of days you have to apply to the ART. Find those three items first, then read the reasons.
The parts of a decision record
- The decision. “I have decided to refuse your application for a [subclass] visa.” The date here is normally the notification date used for deadlines.
- Legislation and criteria. Clause numbers from Schedule 2 of the Migration Regulations (for example 500.212 — genuine student; 820.211 — genuine and continuing relationship; 600.211 — genuine temporary stay) or a Public Interest Criterion from Schedule 4 (PIC 4020 — false or misleading information; PIC 4013 — exclusion period after cancellation; PIC 4005/4007 — health).
- Findings and reasons. What the officer accepted, what they did not, and why. Look for words like “I am not satisfied that…” — the sentence that follows is your appeal ground.
- Section 48 statement. Either “you are affected by section 48” or “you are not affected”.
- Review rights. Whether the decision can be reviewed by the ART, who may apply, and the time limit.
- What happens to your current visa / bridging visa. How many days you have before it ceases.
“You are affected by section 48” — what it means
You are in Australia, you do not hold a substantive visa, and a visa has been refused (or cancelled) since you last entered. From now on you may only apply onshore for a limited list of visa classes — including partner visas (usually with Schedule 3 criteria), protection visas, and the skilled subclasses 190, 491 and 494. It is not a ban on all visas, it does not apply if you apply from outside Australia, and it does not stop you lodging an ART review. Details on our section 48 bar page.
Criteria that carry extra consequences
- PIC 4020 — a finding that a bogus document or false/misleading information was given. Unless waived, it generally prevents grant of most visas for 3 years (10 years where identity was not established). This is the finding most worth contesting at the ART because of its long tail.
- PIC 4013 / 4014 — exclusion periods (commonly 3 years) after a cancellation or a period of unlawful stay. See PIC 4013 and PIC 4014.
- Schedule 3 — appears in partner refusals for applicants who applied without a substantive visa. See Schedule 3 waiver.
The review-rights paragraph
If the letter says the decision is reviewable, it names who can apply and the period — for example “within 28 days after you are taken to have received this letter” or, for character decisions, 9 days. The ART cannot extend these periods. If the paragraph says the decision is not reviewable (common for offshore visitor refusals), the remaining options are a fresh application or, where a legal error is arguable, judicial review. Our ART process guide covers deadlines and fees.
Not sure what your letter is really saying? Send it to us. We read decision records every day and will tell you the criterion, the deadline and whether a review is realistic.
Speak to a migration ART expert · Call 1300 770 585 (first 15-minute call is free).
Is there such a thing as an “appeal letter”?
Many people search for an appeal letter or explanation letter template. In Australia a visa refusal is not reversed by writing to the Department; it is reviewed by lodging an application with the ART (with a fee) within the time limit, then providing submissions and evidence. Your “letter” is the written submission to the Tribunal, and it must be built around the criterion in the decision record.
Frequently asked questions
Where do I find the deadline in my refusal letter?
In the section headed ‘Review rights’ or ‘Your review options’, usually on the last page of the notification letter, not the decision record itself.
What does ‘I am not satisfied’ mean?
It is the legal test: the officer must be positively satisfied the criterion is met. If they are not, the visa is refused. At the ART you must satisfy the Tribunal member of the same criterion.
Does a refusal show on future applications?
Yes. You must declare previous refusals and cancellations, and decision-makers can see your history. A refusal is not automatically fatal, but a PIC 4020 finding or an exclusion period can be.
Can I apply for another visa after a refusal?
If you are affected by section 48, only for exempt visa classes while in Australia. If you are not affected — for example your current substantive visa is still valid — you can usually lodge a new application, but the earlier refusal reasons will be considered.
Sources
- Migration Act 1958 — s48, s66 (notification of decision)
- Migration Regulations 1994 — Schedule 2 and Schedule 4 (PIC 4013, 4014, 4020)
- ART — Applying for review of a migration decision
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.
