My Visa Got Refused. What Do I Do Now?

22.08.23

Published 22 August 2023  |  Written by Migration Partner Lauren Blud  |  Last reviewed and updated: 9 September 2026

QUICK ANSWER

If your Australian visa is refused, check your decision letter to see whether it is reviewable. If it is, you can generally apply to the Administrative Review Tribunal (ART), the body that replaced the AAT in October 2024, for a merits review. Strict time limits apply, and the ART cannot extend them, so you should get legal advice and lodge your application as soon as possible. If the decision is not reviewable, or you believe the department made a legal error, judicial review through the courts may be an option instead.

A visa refusal can feel like the end of the road, but in many cases it isn’t. If your decision is reviewable, you may be able to apply to the Administrative Review Tribunal (ART) for a fresh look at your case. Ramsden Lawyers helps clients across Australia understand their options and lodge strong, well-prepared review applications.

Visa Refusal: Background

Visa refusals can be a distressing and overwhelming experience, causing significant stress for individuals hoping to travel, work, or join loved ones in Australia. The disappointment and uncertainty of a refusal can disrupt your plans, but it’s important to remember that a visa refusal is not necessarily final. Several avenues may be available to challenge the decision and work towards a favourable outcome.

This article explains what to do after a visa refusal, who reviews these decisions in 2026, current review fees, and the time limits that apply. If you’d like to discuss your specific circumstances, our migration and immigration lawyers are here to help.

Common Reasons for Visa Refusals

  • Invalid or expired passport
  • Incomplete or invalid visa application form
  • Character requirements not met
  • Outstanding or missing documents
  • Health requirements not met
  • Failure to provide additional documents as requested by the department

If your refusal relates to character requirements, our article on Ministerial Direction 110 and visa cancellations explains how character assessments are currently applied.

Who Do I Appeal To?

One important step after a visa refusal is lodging an application for review. Since 14 October 2024, migration and protection visa decisions that were previously reviewed by the Administrative Appeals Tribunal (AAT) are now reviewed by the Administrative Review Tribunal (ART), an independent body established under the Administrative Review Tribunal Act 2024. The AAT was abolished when the ART commenced.

The ART can affirm, vary, set aside and substitute, or remit a decision, giving you the opportunity for a fresh assessment of your case and the chance to present arguments supporting your visa eligibility.

The Administrative Review Tribunal (ART)

The ART reviews decisions made under the Migration Act 1958 and the Migration Regulations 1994, and operates under the Administrative Review Tribunal Act 2024. The decision letter you receive from the Department of Home Affairs will tell you whether the decision is reviewable and whether you are eligible to apply. The ART has also recently changed how some matters are decided, with certain visa reviews now able to be decided “on the papers” without an oral hearing; see our related article on ART reform and no-hearing reviews for more detail.

What Are the Possible Outcomes of My Review?

Decisions are usually made after a hearing (except where a matter is decided on the papers, as above) and can be communicated orally or in writing. Possible outcomes include:

  1. Affirm the decision: the original decision remains unchanged.
  2. Vary the decision: the decision is changed.
  3. Set aside the decision and substitute a new one: the original decision is replaced.
  4. Remit the decision: the matter is sent back to the department to make a new decision.

The Tribunal may also find it has no jurisdiction to review a decision because the application isn’t valid, or confirm a decision to dismiss an application because the applicant did not attend the hearing.

What Are the Current Fees to Apply for a Review?

You must generally pay an application fee to apply for a review of a migration decision. As at 1 July 2026, the standard fee for a reviewable migration decision is $3,727, up from $3,153 when this article was first published in 2023. The ART updates its fees annually on 1 July in line with the Consumer Price Index, so always confirm the current amount on the ART fees page before you apply.

Other current fee points include:

  • Protection (refugee) visa decision reviews: generally no fee is payable upfront; a fee (currently $2,293) may become payable only if the Tribunal affirms the original decision or substitutes a less favourable one.
  • A reduced concessional fee (currently $100) may be available for eligible applicants, and a financial hardship reduction may apply in limited circumstances.
  • No application fee applies to a review of a bridging visa decision that resulted in a person being placed in immigration detention.

Are There Time Limits to Lodging a Review Application?

Yes, strict time limits apply. The time limit varies depending on the type of decision and whether you are in immigration detention, and generally runs for a set number of days after you have received notice of the decision. Importantly, the ART cannot extend this time limit, so it is critical to act quickly and seek advice as soon as you receive a refusal decision.

Can I Travel Overseas While My Review Is Ongoing?

If you want to travel overseas while your review is on foot, contact the ART before making any arrangements to check your review status. If you have questions about your ability to travel or re-enter Australia, or whether travel might affect your visa eligibility, contact the Department of Home Affairs directly. The ART cannot give you advice about this.

What Can’t the Administrative Review Tribunal Do?

  • Review every decision to refuse or cancel a visa
  • Review a decision to cancel a visa made personally by the Minister
  • Review a decision if you are not entitled to apply for a review

Ramsden Lawyers – Our Team Is Here to Help You Appeal Your Visa Refusal

A visa refusal is not the end of the road. By applying for a review with the Administrative Review Tribunal (ART), you gain the opportunity for a fresh assessment of your case by an independent body that can potentially overturn the original decision.

Our migration and immigration lawyers can assess your options, advise on time limits and fees, and help you put together a strong review application. Contact Ramsden Lawyers today to discuss your circumstances.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.

FREQUENTLY ASKED QUESTIONS

What should I do if my Australian visa application is refused?

Read your decision letter carefully to check whether the decision is reviewable and note any time limit for applying. If it is reviewable, you can generally apply to the Administrative Review Tribunal (ART). Given the strict, non-extendable deadlines, it’s best to seek legal advice immediately.

Which body now reviews visa refusal decisions in Australia?

The Administrative Review Tribunal (ART) reviews most migration and protection visa decisions. It replaced the Administrative Appeals Tribunal (AAT), which was abolished when the ART commenced on 14 October 2024.

What replaced the Administrative Appeals Tribunal (AAT)?

The AAT was abolished and replaced by the Administrative Review Tribunal (ART) under the Administrative Review Tribunal Act 2024. The ART began operating on 14 October 2024 and now handles migration, protection, and many other Commonwealth decision reviews previously handled by the AAT.

What are the most common reasons visas are refused?

Common reasons include an invalid passport or application form, not meeting character or health requirements, outstanding documents, and failing to provide additional information requested by the Department of Home Affairs.

How much does it cost to apply for an ART review in 2026?

As at 1 July 2026, the standard application fee for a reviewable migration decision is $3,727. Protection visa reviews generally have no upfront fee, and a concessional fee or hardship reduction may apply in some cases. Fees are indexed each 1 July, so check the ART website for the current amount.

Are there time limits for lodging an ART review, and can they be extended?

Yes, strict time limits apply and they vary by decision type and whether you are in immigration detention. The ART cannot extend these time limits, so it’s important to lodge your application as soon as possible after receiving your decision letter.

Can I travel overseas while my ART review is pending?

You should contact the ART before making any travel arrangements to check your review status, as travel can affect an ongoing review. Questions about re-entering Australia or visa eligibility should be directed to the Department of Home Affairs.

What decisions can't the Administrative Review Tribunal review?

The ART cannot review every visa refusal or cancellation decision. It cannot review a visa cancellation decision made personally by the Minister, and it cannot review a decision if you are not entitled to apply for review. Your decision letter will confirm whether your case is reviewable.