How to appeal a visa refusal
Read our legal experts’ tips on how to appeal a visa refusal in Australia, including eligibility, the appeals process, and answers to frequently asked questions.
Can I appeal a visa refusal?
If your visa is refused, you may be able to appeal the decision by applying for a merits review to the Administrative Review Tribunal (ART).
In October 2024, the ART replaced the Administrative Appeals Tribunal (AAT) and continues to review migration and other government decisions, but with a stronger focus on fairness, independence, efficiency and user‑friendly processes. All active AAT cases were automatically transferred to the ART, and applicants do not need to reapply.
Not all visa applicants who receive a notice of refusal have the right to a review; only those as prescribed in the Migration Act can apply to the ART, but you’ll be notified in your decision letter from the Department of Home Affairs (DOHA) if you can appeal a visa refusal. It’s important to act quickly if you are, as strict time limits apply.
“Time limits for appeals are extremely strict and it’s critical to get professional assistance immediately if you receive a notice of refusal,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.
How to appeal a visa refusal with the Administrative Review Tribunal
Whether you want to appeal a visitor visa refusal, a partner visa refusal or any other kind of visa included in the Migration Act 1958, you will first need to decide whether you want to lodge the review application yourself or have a representative act on your behalf (such as an immigration lawyer).
You can apply for an ART review of your case by lodging an application online, by post, email or in person at a Tribunal office.
When you appeal a visa refusal, the ART will review the Department’s decision, consider new evidence, and take into account the circumstances of the applicant that have developed since the visa application was lodged with the DOHA.
“The PAX Law team are experts at handling complex cases with ease and have helped over 50 clients with their visa refusal appeals,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.
Eligibility criteria to appeal a visa refusal
To determine if you can appeal a visa refusal, you will generally need to meet the following criteria:
- The refusal must be a decision that is reviewable by the ART
- You must be the person who is legally entitled to apply for review
- The review application must be lodged within the time limit
- The correct fee for the review must be paid
- The review application must be valid (by lodgement of the correct form, payment of the correct fee, lodged within the time limit, and by the correct person)
Visa applicants from within Australia usually have review rights, while people applying from outside Australia only have review rights for certain sponsor-based visas. Offshore applicants for non‑sponsored visas (for example, visitor visas) typically aren’t able to appeal and may need to reapply for their visa instead.
The ART can also review decisions made to refuse to approve a nomination of an occupation, activity or position, as well as decisions made by the DOHA to bar, refuse to approve or cancel the approval of a sponsor.
FAQs
The current processing time for appealing a visa refusal with the ART is between 1 year and 3 months (50% of applications) and 2 years and 8 months (95% of applications).
The fee for appealing a visa refusal with the ART begins at $3,580, with options to request a fee reduction of up to 50% if paying the full fee would cause severe financial hardship. If your appeal is successful, the ART will refund 50% of your fee.
Other costs to keep in mind that may apply include: fees for an immigration lawyer or other legal advice, costs for document translations, etc.
You can appeal visa refusals with the ART for many types of visas, including temporary and permanent visas, where the applicant applied for the visa onshore in Australia. In the situation where your visa is refused, your review rights will be confirmed in your letter of refusal, letting you know if you’re eligible to appeal your visa refusal with the ART and any deadlines that apply.