After a visa refusal, your options depend on the legal criterion the refusal was based on, whether you are in or outside Australia, your current visa status, and the review rights and time limits set out in the decision letter. The main options are review at the Administrative Review Tribunal (ART), a fresh application or an application for a different visa, and judicial review in the courts where the decision involves a legal error. Some time limits are very short and cannot be extended, so assess your position as soon as you receive the refusal.

Legal framework

Under section 65 of the Migration Act 1958 (Cth), Home Affairs must grant a visa if the applicant meets every legal criterion, and must refuse it if not. Review rights after a refusal are set out in the Migration Act and the Administrative Review Tribunal Act 2024 (Cth). The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Judicial review is heard by the Federal Circuit and Family Court of Australia and the Federal Court.

Common reasons for refusal

• Not showing that you meet a core visa criterion, such as the genuine student requirement, a genuine partner relationship or occupational skills.
• Giving false or misleading information, or information inconsistent with earlier applications, which triggers public interest criterion 4020.
• Not meeting the health or character requirements.
• Not responding to a request for more information in time, or not providing enough evidence.
• A 'no further stay' condition such as 8503 on the current visa, or the section 48 bar, making the application invalid or leading to refusal.

Main options after a refusal

ART review

Most refused onshore applications, and some offshore applications with an Australian sponsor, can go to the ART for merits review. Time limits vary with the type of decision and are especially short for people in detention, so always check the decision letter. The ART makes a fresh decision on the law and evidence at the time of the review, and you can provide new evidence. For more detail on the ART process, see our ART migration review page.

Reapplying or applying for a different visa

If an offshore application is refused and there is no review right, you can work through the reasons for refusal and reapply. Onshore applicants who no longer hold a substantive visa after the refusal are generally limited by section 48 to a few onshore visa types (such as some partner visas or protection visas); for anything else, they must leave Australia and apply from offshore. A refusal under public interest criterion 4020 means you cannot be granted many visa types for a period (usually three years).

Judicial review

If a decision of the ART or Home Affairs involves a legal error, you can apply to a court for judicial review. The court does not reassess the facts; it only examines whether the decision was lawful. Judicial review must be sought within the statutory time limit. See our migration cases in the federal courts.

Ministerial intervention

If the ART affirms the refusal, the Minister can personally substitute a more favourable decision where it is in the public interest. The Minister is not obliged to consider a request, so treat this as a last resort rather than something to rely on.

Step by step

1. Confirm the decision date, the review deadline and your current visa status straight away (including whether a bridging visa is still in effect).
2. Get and read the decision letter and the material Home Affairs relied on, and request your file if needed.
3. Weigh up review, reapplying and other visa pathways.
4. If you seek review, prepare new evidence and written submissions, and get ready for the hearing.

For the limits a refusal places on future applications, and exclusion periods, see After an Australian visa refusal: review rights and limits on reapplying.

Common issues and risks

• Missing the review deadline and losing the right of review.
• Leaving Australia before getting legal advice, which can end your bridging visa or cost you the right to apply onshore.
• Repeating the same problems in a new application, or giving information inconsistent with earlier applications.

Documents you’ll need

Usually the refusal letter, everything lodged with the original application and related correspondence, ImmiAccount records, new evidence that answers the reasons for refusal, and proof of identity and visa status.

How we help

Chua Tan Associates has practised in Melbourne since 1990. Two of our lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We can analyse the refusal decision, assess your options for review and reapplying, and act for you in ART and judicial review. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page. For common questions, see also Australian migration law FAQs (Part 1).

Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.

This article is part of the guide: Australian immigration solicitor - See all related guides