1. Read the refusal letter carefully
Note the date of the notification. That date starts your appeal clock. The letter will state the grounds of refusal, the relevant legal provisions, and your review rights.
Refused · Act Within 21 Days
Your visa was refused. What do you do now?
Getting a visa refusal letter is one of the worst moments in a migration journey. The language is cold. The reasons are technical. The deadlines are short. This page walks you through exactly what to do in the days and weeks after a refusal, what your options are, and how to turn a refusal into an approval where that is possible.
The first 48 hours after a refusal
Three things need to happen fast.
The decisions you make in the first 48 hours determine your options for the next 2 years. Take the wrong step and you foreclose pathways you did not know existed.
2. Check your visa status right now
If you were onshore when the refusal was decided, you may be on a bridging visa that will now cease on a specific date. You need to know exactly when you become unlawful if you do nothing.
3. Get advice before the deadline
Most review deadlines are 21 days from notification. Some are shorter. Missing the deadline usually means losing your right of review permanently.
The two main review pathways
ART or Federal Circuit Court, depending on the refusal.
Most refused applicants use the ART first. Federal Circuit Court comes into play if the ART affirms the refusal or if the original refusal has no ART review rights.
Administrative Review Tribunal (ART)
The ART (which replaced the AAT on 14 October 2024) conducts a fresh merits review of most visa refusals. The Tribunal can set aside the refusal, affirm it, vary it, or send it back to the Department. Most applicants use this pathway first.
Federal Circuit and Family Court
Judicial review at the Federal Circuit Court may be possible if the ART affirms a refusal or if the original refusal has no ART review rights. Not a merits review. Looks only at whether the decision-maker made a legal error.
Ministerial intervention
In exceptional circumstances, the Minister for Immigration can intervene and substitute a more favourable decision. Rare and not a routine option.
Refusal options by visa type
Your pathway depends on which visa was refused.
Not all refusals have the same review rights. Here is what typically applies to each visa category.
Student, skilled, partner (onshore), employer sponsoredART merits review, 21 days. Bridging visa continues while review is pending.
Partner visa (offshore)ART merits review, but 70 days from notification. The Australian sponsor usually lodges the review.
Visitor visa (offshore)No merits review rights. Only option is judicial review (for legal errors) or lodging fresh.
Protection visaART Migration and Refugee Division. 7 or 28 days depending on circumstances.
Character-based refusal (s501)ART General Division or judicial review. 9 days. Very tight deadline.
What onshore applicants need to know
Three things that matter if you are in Australia.
Onshore refusal brings additional risks and benefits that offshore applicants do not face. Understanding these matters.
Section 48 bar
If your substantive visa has expired or was refused and you are onshore, Section 48 blocks most further onshore visa applications. Key exceptions: partner visas and protection visas.
Bridging visa arrangements
If your refused visa had associated bridging visa arrangements, those bridging visas usually cease a set number of days after the refusal becomes final. You need to know exactly when.
Lodging ART extends BV
When you lodge an ART review application, your bridging visa is usually extended until the ART makes its decision. One of the critical reasons to lodge on time.
What offshore applicants need to know
Different pressures, different risks.
No bridging visa to worry about. But other things matter more when you are applying from outside Australia.
No bridging visa
Offshore refusal leaves you in your home country or wherever you applied from. No bridging visa issues, but also no immediate access to Australia.
Sponsor often lodges ART review
For many offshore refusals (partner visas, employer sponsored, some family visas), the sponsor in Australia is the one who lodges the ART review on behalf of the offshore applicant.
PIC 4020 risk
If the refusal involved Public Interest Criterion 4020 (fraud or false information), a 3 or 10 year bar can apply that blocks future visa applications. PIC 4020 findings need to be addressed carefully and quickly.
Not all refusals can be appealed.
Some visa types, particularly offshore visitor visas, do not carry merits review rights at all. For these, the only remaining options are judicial review (for legal errors) or lodging a fresh application. Knowing which pathway applies to your specific refusal is one of the first things a Registered Migration Agent assesses.
Common refusal reasons we see
Six patterns that recur across visa types.
Every refusal is specific, but the patterns repeat. If any of these describe your refusal, we have seen it and handled it before.
Genuine Student test (student visas)
Weak statement, unclear financial evidence, course-career mismatch, or unexplained previous refusals.
Thin relationship evidence (partner)
Evidence covering only one or two of the four required areas: financial, social, household, commitment.
Skills or English (skilled visas)
Skills assessments not completed before lodgement, English test scores below requirement, or wrong occupation on CSOL.
Health failures, no waiver
An applicant fails the health requirement, and the case does not benefit from a health waiver (PIC 4005 or 4007) that should have been pursued.
Character concerns
Past criminal history, association with organised groups, or false statements in previous applications.
Sponsor issues
Sponsor has their own character problems, has previously sponsored other partners, or fails the financial test.
Common refusal questions
The questions we hear the day after a refusal.
Short answers here. For anything specific to your situation, book the fastest available consultation.
I just received my refusal. How long do I have?
Most visa refusals give you 21 days to lodge an ART review. Some shorter, some longer. The deadline is strict. Contact us the same day you receive the refusal.
Will appealing cost more than reapplying?
Often, yes, but an appeal preserves the original lodgement date and can let you stay onshore with a bridging visa. For some visa types (like Section 48 barred applicants), appealing may be the only pathway.
What is the success rate at ART?
It depends on the case type and how well it is prepared. ART publishes statistics by visa type. Cases with proper legal preparation perform significantly better than unrepresented applicants.
Can I reapply while my ART appeal is pending?
Usually yes, depending on Section 48 and your current visa status. We assess this case by case. Lodging a second application can sometimes be a parallel strategy.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.