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
- Confirm the decision date, the review deadline and your current visa status straight away (including whether a bridging visa is still in effect).
- Get and read the decision letter and the material Home Affairs relied on, and request your file if needed.
- Weigh up review, reapplying and other visa pathways.
- 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).
Frequently asked questions
How long do I have to seek review after an Australian visa refusal?
It depends on the type of decision and your circumstances. Time limits are especially short for people in immigration detention, and some cannot be extended. Check the exact deadline in your refusal letter as soon as you receive it, and lodge your ART application early.
Can I appeal the refusal of an offshore visa application?
Most offshore refusals carry no right of ART review. The exception is some visas that require an Australian sponsor (such as certain partner or family visas), where the sponsor can apply for review. Without review rights, the usual course is to analyse the reasons for refusal and reapply.
Can I reapply straight after a refusal?
It depends. Offshore applicants can generally reapply. Onshore applicants who no longer hold a substantive visa after the refusal are usually limited by section 48 to a few visa types. If the refusal was for false or misleading information, you may also be unable to be granted a visa for a period.
Can I stay in Australia during ART review?
In most cases, if you held a bridging visa linked to the application when it was refused and you apply for ART review in time, the bridging visa continues until a set period after the review ends. Check the exact conditions in your bridging visa grant notice.
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.
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