Key points
- Read your decision letter straight away. It tells you whether you can seek review and the deadline.
- Many visa decisions can be reviewed by the Administrative Review Tribunal (ART), which replaced the AAT in October 2024.
- Review deadlines are short and generally can’t be extended, so get advice immediately.
- If review isn’t available or is unsuccessful, there may be other options, such as a new application or judicial review.
Step 1: Read the decision letter carefully
Your decision letter is the most important document you have. It sets out the reasons for the decision, whether the decision can be reviewed, where to apply, and the time limit. Keep a copy, and note the date you received it, as the deadline usually runs from then.
Step 2: Check your visa status
A refusal or cancellation can affect your right to stay in Australia, your bridging visa, and your work rights. Check your status straight away, and don’t let yourself become unlawful without getting advice.
Step 3: Consider review at the Administrative Review Tribunal
Many migration decisions can be reviewed on their merits by the Administrative Review Tribunal (ART). The ART replaced the Administrative Appeals Tribunal in October 2024. On review, the Tribunal looks at the decision again and can consider new information, so it’s an opportunity to fix gaps in the original application.
Review deadlines are short. For many decisions they’re measured in days, not months, and missing the deadline usually means losing the right to review. There’s also an application fee.
Step 4: Prepare your case
- Address each reason given for the refusal or cancellation.
- Gather evidence, such as relationship evidence, employment records, skills assessments or character references.
- Prepare a written submission explaining why the criteria are met.
- Prepare for the hearing, where you may need to give evidence.
Other options
- A new visa application: sometimes it’s better to apply for a different visa, but some refusals limit which visas you can apply for while in Australia.
- Judicial review: if the Tribunal made a legal error, you may be able to apply to the courts. This is about legal error, not the merits.
- Ministerial intervention: in limited circumstances, you can ask the Minister to intervene after a Tribunal decision.
How we can help
Asher Freeman Lawyers helps applicants, families and employers with migration law, including visa applications, refusals, cancellations and Tribunal reviews. As Australian legal practitioners, we can advise on both the migration issues and any related legal matters. If you’ve received a refusal or cancellation, contact us as soon as possible so we can check your deadline.
Frequently asked questions
How long do I have to appeal a visa refusal?
It depends on the decision. Your decision letter states the deadline. Many deadlines are short and can't be extended, so get advice immediately.
What happened to the AAT?
The Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal (ART) in October 2024. The ART now reviews most migration decisions.
Can I give new evidence to the Tribunal?
Generally, yes. Merits review looks at the decision afresh, so you can provide new information and evidence.
Can I stay in Australia while my review is underway?
Often, yes, on a bridging visa, but it depends on your circumstances. Check your status and get advice.
This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.
