How long do I have to appeal a visa refusal in Australia?

Most onshore visa refusal reviews at the Administrative Review Tribunal (ART) must be lodged within 28 days of deemed notification of the decision. Some decision types allow less time, and for most migration decisions the deadline cannot be extended — lodging even one day late will result in the ART having no jurisdiction to hear your case. Your exact time limit is in your refusal letter.

What replaced the AAT? Is the ART the same thing?

Yes — the Administrative Appeals Tribunal (AAT) was abolished and replaced by the Administrative Review Tribunal (ART) on 14 October 2024. If you received a refusal letter referring to the "AAT", that body no longer exists. All new migration review lodgements go to the ART. Existing cases transferred automatically. The ART operates with different procedures and fee structures — if you have an old AAT reference number, confirm the ART's position on your case.

Can the ART deadline be extended?

For most migration decisions, no. The time limit is jurisdictional — the ART simply has no power to hear a case lodged outside it. There is no "good reason" exception for most visa refusals. This is different from civil courts where extensions are routinely granted. If you have missed the deadline, options are limited to re-application or (in some cases) Ministerial Intervention.

Is my bridging visa affected by a refusal?

If you are onshore and your substantive visa is refused, your Bridging Visa A (BVA) generally ceases if you do not validly lodge an ART application within the review period. If you lodge a valid ART application, a Bridging Visa B (BVB) activates, allowing you to remain in Australia while the review is pending. If you miss the deadline, you may become unlawful — seek advice immediately as departure bar and re-entry bans may apply.

Does the ART just re-examine what DHA looked at?

No — the ART conducts a fresh merits review. It considers the decision on its merits at the time of the ART hearing, not just the material DHA had. This means new evidence, changed circumstances and expert reports can all be put before the ART and may change the outcome. This is the practical reason why ART review is often more valuable than simply re-applying with DHA.

What are my options if the ART affirms the refusal?

If the ART affirms (i.e. agrees with DHA), the options narrow significantly: (1) Judicial review in the Federal Circuit and Family Court — strict grounds, much higher threshold, not a re-run of the merits; (2) Ministerial Intervention — a separate, discretionary process where the Minister can substitute a more favourable decision; (3) Re-application to DHA if circumstances have changed and the s48 bar does not apply. All of these are time-sensitive — seek advice before the ART decision becomes final.

Can I include new evidence at the ART that DHA did not consider?

Yes — this is one of the ART's key advantages over DHA review. The ART's role is to examine what the correct decision should be at the time of the hearing, not just assess whether DHA made a procedurally correct decision. Witnesses can appear, new documents can be filed, and updated circumstances can be argued. Experienced ART preparation — knowing what evidence the tribunal weighs most — is where migration agents add the most value.

My visitor visa was refused. Can I appeal?

Generally no — visitor visa (Subclass 600, ETA, eVisitor) decisions are merits-review excluded. You cannot take them to the ART. Options are: re-application with stronger evidence, requesting DHA reconsider (no formal right, but occasionally effective), or in some cases Ministerial Intervention. If the refusal relates to character or a more serious matter, the review rights analysis changes — get advice specific to your letter.

Do I need a migration agent or lawyer for an ART review, or can I represent myself?

You are not legally required to have a migration agent or lawyer to lodge or run an ART review — you can represent yourself. However, because the ART conducts a fresh merits review with strict evidentiary and procedural rules, and hearings can turn on how evidence is presented and tested, most applicants are advised to get professional representation, particularly where new evidence or expert reports need to be prepared. Self-represented applicants remain bound by the same non-extendable deadlines and procedural requirements as represented ones.

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Reviews & Complex Cases

Administrative Review Tribunal (ART)

If your visa has been refused or cancelled, the ART offers a merits review — a fresh look at the decision. Time limits are strict. Act immediately.

General information current as at October 2026. Requirements are subject to change — verify with the Department of Home Affairs before lodging.

Quick Answer

The Administrative Review Tribunal (ART) provides an independent merits review of visa refusal and cancellation decisions made by the Department of Home Affairs, as Nanak Migration Group, a registered migration agent (MARN 2619467), explains. Lodging an ART application generally does not stay removal from Australia unless a separate bridging visa is in place. Time limits apply — in most cases you have 28 days after you are notified of the decision to lodge an application (14 days if you are in immigration detention, and 9 days for a character decision under section 501 if you are in Australia). The Tribunal cannot extend these time limits.

Reviewed by Navpreet Aulakh, Registered Migration Agent (MARN 2619467)

Last reviewed: October 2026

Important — Name Change

The AAT is now the ART

The Administrative Appeals Tribunal (AAT) was abolished on 14 October 2024 and replaced by the Administrative Review Tribunal (ART). All new migration review lodgements go to the ART. If your refusal letter says "AAT", those deadlines still apply — but the body you appeal to is now the ART at art.gov.au.

Critical Facts — Read Before Anything Else

Standard review deadline28 days from deemed notification

Deemed notificationEmail or ImmiAccount: end of the day it is sent. Post within Australia: 7 working days after the date of the letter. Check your letter.

Can the deadline be extended?No — for most migration decisions

What happens if I miss it?ART has no jurisdiction — cannot review

Bridging visa on lodgement?Existing bridging visa (usually BVA) continues while the review is pending

What the ART can doAffirm, set aside, or remit to DHA

New evidence allowed?Yes — fresh merits review, not just DHA record

ART feesCheck art.gov.au — set by the Tribunal

Deadline Calculator

When Is Your ART Deadline?

Enter the date DHA notified you of the refusal. We calculate deemed receipt and your lodgement deadline. This is indicative — always verify against your refusal letter.

Date on refusal / notification letter *

Decision type

How did DHA notify you?

Always verify against your letter

This calculator is indicative. The refusal letter states your exact time limit and how it is calculated. If the letter and this tool differ, the letter governs.

Enter the date on your refusal letter

Your deadline will appear here immediately

By Decision Type

Review Rights by Visa Type

Not all refusals are reviewable at the ART. Check which category applies to your situation.

Most onshore visa refusals / cancellations

Partner 820Student 500Skilled 189/190General skilled

Time Limit

28 days

ART Review

Available

Clock runs from when you are notified of the decision — for email or ImmiAccount, that is generally the end of the day it is sent.

Protection visa refusals (onshore)

Subclass 866 Protection

Time Limit

28 days

ART Review

Available

28 days after you are notified of the decision (14 days if you are in immigration detention). Non-extendable. Lodgement outside this window is jurisdictionally invalid.

Employer-sponsored refusals / cancellations

482 SID186 ENS494 Regional

Time Limit

28 days

ART Review

Available

Both nomination refusals and visa refusals attract separate review rights — you may need two lodgements.

Visitor / tourist refusals

Subclass 600ETAeVisitor

Time Limit

N/A

ART Review

Generally No

Some visitor visa refusals can be reviewed by the ART. If you applied in Australia, a refusal is generally reviewable, as long as the decision was not made while you were in immigration clearance and you are still in Australia when you apply for review. If you applied from outside Australia, a refusal is only reviewable where you were coming to visit an Australian citizen or permanent resident parent, spouse, de facto partner, child, brother or sister whose details were included in your application. In that case the relative applies to the ART. Check your refusal letter, which states whether review is available and the time limit. Options are limited — seek advice immediately.

Offshore refusals

Partner 309Various offshore classes

Time Limit

N/A

ART Review

Generally No

Many offshore refusals are reviewable. If the visa required sponsorship or nomination by an Australian citizen, permanent resident, eligible New Zealand citizen or an Australian business (for example a Partner 309 refusal), the sponsor or nominator can apply to the ART within 28 days. Offshore refusals with no Australian sponsor or nominator are generally not reviewable.

Character cancellations (s501)

Section 501 cancellation

Time Limit

9 days

ART Review

Available

Delegate decisions under section 501, and decisions not to revoke a mandatory cancellation (s501CA), can be reviewed at the ART. If you are in Australia the application must be lodged within 9 days of being notified. Decisions made personally by the Minister are not reviewable at the ART.

What Happens Next

The ART Review Process

Read Your Refusal Letter Today

The letter states your exact time limit and the deemed notification date. Do not assume 28 days — check the letter. The clock may already be running.

Do this first

Contact a Registered Migration Agent

ART reviews require a written case — grounds, evidence, legal submissions. An agent assesses whether review or re-application is the better strategy before you pay the ART fee.

Do this first

Lodge With the ART Before the Deadline

Lodge via art.gov.au. Pay the fee at lodgement (fee varies by decision type — check art.gov.au for current rates). If you are onshore, the bridging visa you already hold (usually a Bridging Visa A) generally stays in effect while the review is pending.

Statement of Facts + Evidence Round

The ART issues a Statement of Facts from DHA. You and your agent respond with written submissions and supporting evidence. The quality of this response is the primary determinant of outcome.

Hearing (If Listed)

Some cases are decided on documents alone. Others proceed to a hearing — in person, by video or by phone. From 1 June 2026, most student visa refusal reviews must be decided on the papers without a hearing, so your written submissions and evidence are critical. Exceptions apply, for example where the refusal relied on certain public interest criteria such as PIC 4020.

Decision

The ART can affirm the refusal, set it aside and substitute a grant, or remit it back to DHA with directions. If the ART affirms and you have legal grounds, judicial review in the Federal Circuit and Family Court of Australia may be available — different jurisdiction, much stricter test.

Questions

ART Review FAQ

ART deadline approaching? Act now.

Navpreet Aulakh (MARN 2619467) handles urgent ART lodgements and merits review strategy — including submission preparation, evidence building, and hearing representation.

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General information only — not immigration advice

About this information

This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.

No outcome representation

1313 Success Group Pty Ltd trading as Nanak Migration Group makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.

Get personal advice

Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.

Information current as at October 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.

Administrative Review Tribunal (ART)

If your visa has been refused or cancelled, the ART offers a merits review — a fresh look at the decision. Time limits are strict. Act immediately.

General information current as at October 2026. Requirements are subject to change — verify with the Department of Home Affairs before lodging.