A visa refusal is stressful, but it is not always the end of the road. What you do in the days after the decision can make all the difference. The most important thing is to act quickly.
1. Read the decision letter carefully
Your refusal letter explains why the visa was refused, whether you have the right to seek a review, and the deadline for applying. It may also tell you whether you have been granted a bridging visa and what conditions apply. Keep a copy and note the date you received it.
2. Check whether you can seek review
Many visa refusals made in Australia can be reviewed on their merits by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal on 14 October 2024. Some offshore refusals can also be reviewed, often where an Australian sponsor or nominator is involved.
The deadline to apply is strict and is set out in your letter. If you miss it, the Tribunal generally cannot accept your application. An application fee applies, and a partial refund may be available in some circumstances.
3. Understand what the Tribunal does
The Tribunal looks at your case afresh. It can consider new information and evidence that was not before the original decision maker. It can affirm the decision, set it aside and make a new decision, or send the matter back to the Department with directions. You will usually be invited to a hearing to give evidence.
4. Other options
- A new application: in some cases, it may be possible to lodge a fresh application for the same or a different visa, but restrictions such as section 48 can apply to people in Australia.
- Judicial review: if the decision involved a legal error, it may be possible to apply to the courts. This is about the lawfulness of the decision, not its merits.
- Ministerial intervention: in limited cases, after a Tribunal decision, the Minister can be asked to intervene on public interest grounds.
5. Keep your immigration status lawful
Check your bridging visa conditions, including work rights and travel restrictions. Leaving Australia on some bridging visas can end them, and becoming unlawful can severely limit your future options.
How we can help
We review your refusal letter, explain your options, lodge your review application on time, prepare written submissions and evidence, and represent you at your Tribunal hearing.
