Visa Refusal Review at the Administrative Review Tribunal
A visa refusal is not always the end. Many refusals can be reviewed by the Administrative Review Tribunal (ART), which looks at the decision afresh. The deadline to apply is shown in your refusal letter from the Department of Home Affairs and is short, so act quickly. We have recently overturned a refusal of an employer-sponsored visa.
If a visa has been refused, you may be able to ask the Administrative Review Tribunal to review the decision. The Tribunal can look at the matter afresh, but the time limit to apply is short and depends on the type of decision. The sooner you get advice, the more options you tend to have.
- WhereAdministrative Review Tribunal
- DeadlineStrict and short
- ReviewFresh look at the decision
- ActAs soon as you receive the decision
Possible ART outcomes
| Outcome | What it means |
|---|---|
| Affirm the decision | The refusal stands. Any further option depends on your circumstances and is limited. |
| Remit to the department | The department decides the application again, taking into account the Tribunal’s findings or directions. This is not a visa grant in itself. |
| Application not able to proceed | The ART may be unable to review, for example if the application was made late or the decision is not reviewable. The decision letter and the ART’s rules explain when. |
Overview
Many visa refusals can be reviewed by the Administrative Review Tribunal (ART), an independent body that looks at the decision afresh rather than simply checking the paperwork.
- Review is a separate step from the original application. It is not a second lodgement, and it does not replace the need to answer the reasons the department gave.
- Not every refusal can be reviewed. Whether you have review rights, and who may apply, depends on the visa and on the type of decision.
- The decision letter from the Department of Home Affairs normally explains whether review is available, who can apply and the deadline. Read it carefully on the day it arrives.
Who this suits
Applicants whose visa was refused by the department and whose decision letter states that review rights are available.
Sponsors or nominators who have review rights in their own name, for example where an employer-sponsored application or nomination was refused.
People who believe the department misunderstood the facts, overlooked evidence or applied the criteria incorrectly.
People whose circumstances have changed since the original decision in a way that is relevant to the criteria.
Key facts
- The ART reviews the merits of the decision, and many matters are decided on the papers without a hearing.
- The ART cannot grant a visa itself. It affirms the department’s decision or sends the matter back to the department to be decided again.
- The time limit to apply is short and is stated in your decision letter. Check it immediately and do not rely on estimates.
- Review rights depend on the visa and the decision, so confirm them before you assume anything about your options.
Tribunal review fees
- Review of a migration decision (visa refusal or cancellation under Part 5 of the Migration Act)$3,580
A 50% reduction may be available on financial hardship grounds. The fee must be paid by your application deadline.
- Character-related visa refusals and cancellations$1,148
A reduced fee of $100 may apply.
These are the Administrative Review Tribunal application fees for review of a decision. Fees for other kinds of decision, such as protection visas, are different. The Tribunal can change its fees, so confirm the current amount on its website before you lodge. Our professional fees are separate.
What the tribunal looks at
- The criteria for the visa that applied when you applied, and whether you met each one on the evidence available to the Tribunal.
- The department’s reasons for refusing, because your case must answer those reasons rather than restate the original application.
- The material the department held, together with any new evidence or statements you provide that bear on the refusal reasons.
- The credibility and consistency of your evidence, which matters most where the refusal involved doubts about a relationship, a business or a person’s intentions.
What to prepare
- The decision letter, the original application and every document, email and notice exchanged with the department.
- Evidence that answers each refusal reason directly, such as updated records, statements, business or employment documents, or relationship evidence.
- Current identity and passport details, your address, and a reliable way for the ART and your representative to contact you.
- Translations by a suitably qualified translator for any document that is not in English.
- A clear timeline of events, so that your statements, documents and earlier answers are consistent.
What can happen next
- The ART may affirm the department’s decision, in which case the refusal stands.
- The ART may remit the matter to the department with directions or findings. The department then decides the application again, which does not by itself mean the visa is granted.
- Your lawful status while review is pending depends on the visa you hold and on your bridging visa arrangements, so we check this early.
- If the outcome is unfavourable, further options may exist in limited cases, such as judicial review on a point of law or, in exceptional circumstances, Ministerial Intervention. These are narrow and we explain them case by case.
How the process works
- 01Read the decision letter, note the deadline and confirm that the decision can be reviewed.
- 02Lodge the review application with the ART within the stated time limit, with the documents the ART asks for.
- 03The ART obtains the department’s file, and we review the refusal reasons and build a response to each of them.
- 04You provide written submissions and supporting evidence, and may be invited to a hearing or asked to respond to concerns the Tribunal raises.
- 05The ART makes its decision. It either affirms the refusal or remits the matter to the department for reconsideration.
How we help
- Review the refusal reasons and tell you plainly whether review is worthwhile and what the realistic risks are.
- Confirm your review rights and the deadline, and lodge the application on time.
- Prepare submissions and organise supporting evidence so that each refusal reason is answered.
- Represent you through the process, including preparing you for any hearing.
- Consider other options, such as a fresh application, where review is not the best route.
Common pitfalls
- Waiting until the deadline is close, which leaves too little time to gather evidence.
- Repeating the original application without addressing the refusal reasons.
- Submitting new evidence without a clear argument about why it answers the refusal.
- Giving evidence or statements that are inconsistent with earlier answers to the department.
- Assuming a hearing will allow gaps to be explained, when a written case is often the foundation of the outcome.
Related articles
Frequently asked questions
How long do I have to apply?
The deadline is stated in your decision letter, and it is short. It generally cannot be extended, so check it as soon as you receive the letter and contact us immediately. Acting early gives us time to review the refusal reasons and prepare properly.
Will I need a hearing?
Many matters are decided on the papers, but some involve a hearing. Whether you attend one depends on your case and the Tribunal’s approach. Either way, a clear written submission with organised evidence is important.
What if the ART decision goes against me?
In exceptional and compelling circumstances, Ministerial Intervention may be a last resort, but it is discretionary and there is no right to it. See our Ministerial Intervention page. We also look at whether any other option remains.
What can the ART actually do?
The ART reviews the merits of the decision, but it cannot grant a visa itself. It can affirm the department’s decision or send the matter back to the department for reconsideration. This is why a focused argument on the refusal reasons matters.
Can I submit new evidence?
Often yes, but new evidence helps only if it responds to the reasons for refusal and is supported by a clear argument. Simply adding documents rarely helps. We review the refusal reasons and decide what evidence is worth presenting.
Is review always worthwhile?
Not always. Some refusals have reasonable prospects on review, and others do not, or a different application may be a better route. We tell you plainly after reviewing your refusal letter, and we do not promise outcomes.