A visa refusal or cancellation letter is stressful, and it also starts a clock. For most migration decisions the deadline to ask for a review is 28 days, and a late application generally cannot be accepted.
Step 1: read the letter and find your date
Your decision letter should say:
- whether you can apply for review;
- who can review it; and
- by when.
The 28 days generally run from when you are notified of the decision, not from the date written on the letter. The period is shorter in some cases, including if you are in immigration detention or the decision is about character. If the letter is unclear, assume the shortest date and get advice immediately.
The Tribunal is now the ART
On 14 October 2024 the Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal. Guides that still refer to the AAT, or to its old deadlines and procedures, may be out of date.
Not every decision can be reviewed
Some decisions, including many made on applications lodged outside Australia, cannot be reviewed by the Tribunal. In those cases the options may be:
- a new application that fixes the problem;
- judicial review in court if there is a legal error; or
- a request for Ministerial intervention in limited circumstances.
An honest assessment early on can save you months and fees.
Can I stay in Australia during the review?
Usually, if you applied in Australia and hold a bridging visa linked to that application, it continues while the Tribunal reviews the decision. Check your visa's conditions and expiry, because working rights and travel can be restricted.
What a review involves
The Tribunal looks at your case afresh, so you can put in new evidence and submissions. A strong application usually:
- addresses each reason for refusal directly;
- includes up-to-date documents, such as financial, employment, relationship or study evidence;
- is prepared with the criteria that applied when you lodged; and
- is supported by a clear, consistent statement.
The Tribunal charges an application fee, which can be reduced for financial hardship, plus professional fees.
When a court can help
If the Tribunal makes a legal error, you can apply to the Federal Circuit and Family Court within 35 days of its decision. The court asks whether the decision was lawful, not whether it was right on the merits. Because our migration advisers are Australian lawyers, we can act in the court as well as the Tribunal.
Common mistakes
- Waiting to gather documents before lodging, then missing the deadline.
- Relying on the old AAT rules or a general guide rather than your own letter.
- Leaving Australia or letting a bridging visa lapse without advice.
If you have just received a refusal or a notice of intention to cancel, book a review now, even if you are not sure you will appeal.
Visa refusals & appeals · Book an urgent review
General information only, current at November 2026. Deadlines vary by decision type; it is not legal advice.
