There may be several options to appeal a visa refusal decision.
Our expert migration lawyers can assist you with determining the best appeal pathway for your case, compiling the required information and submitting your appeal.
Frequently Asked Questions
Can I appeal a visa refusal decision in Australia?
Review of Migration and Protection Visa Decisions
Most Australian visa refusal and cancellation decisions can be reviewed, but the process and deadlines depend on the type of decision, where it was made and when it was made. If you have received a refusal or cancellation notice, it is essential to read it carefully, as it will specify:
- Whether you have a right to review or appeal
- The timeframe for lodging your review or appeal
- The relevant review body (tribunal or court)
If your notice does not clearly outline this information, you should seek legal advice immediately.
Administrative Review Tribunal (ART)
The Administrative Review Tribunal (ART) reviews a wide range of migration, protection and other decisions, including:
- Refusal or cancellation of most visas (temporary and permanent)
- Refusal or cancellation of protection (refugee) visas
- Character-related visa refusals or cancellations (except some decisions made personally by the Minister)
- Refusal of nominations and sponsorships
- Refusal or cancellation of Australian citizenship applications
Deadlines for ART Review:
As at 1 July 2025, the key relevant deadlines are as follows:
- Migration and protection visa refusals (in the community): 28 days from the date of notification
- Migration and protection visa refusals (in immigration detention): 14 days from the date of notification
- Character-related visa cancellations (section 501): 9 days from the date of notification
- Other visa cancellations (section 109): 28 days from the date of notification
Note: ART deadlines are strict and cannot be extended. If you miss the deadline, you lose the right to review at the ART.
Judicial Review in the Courts
Some decisions cannot be reviewed by the ART, or you may wish to challenge the lawfulness of a decision. Judicial review is available in the following courts:
Federal Circuit and Family Court of Australia (FCFCOA)
- Reviews decisions made by the ART, the Immigration Assessment Authority (IAA), or the Minister under the Migration Act
- Only considers whether a legal (jurisdictional) error was made, not the merits of your application
Deadline: 35 days from the date of the decision (extensions may be granted in limited circumstances)
Federal Court of Australia (FCA)
- Hears appeals from the FCFCOA and some original applications (e.g., certain character cancellations made personally by the Minister)
- Considers legal errors in the decision-making process
Deadline: 28 days from the date of judgment or leave to appeal (for appeals); 35 days for original jurisdiction matters
High Court of Australia (HCA)
- Reviews migration decisions only in rare or exceptional cases, usually where there is a constitutional or fundamental legal issue
- Most applications are remitted to the Federal Court or FCFCOA for determination
Deadline: 28 days from the date of judgment for special leave applications; 35 days for original jurisdiction matters.
Important Notes
- Lodging an offshore visa application or being offshore at the time of decision may impact whether the relevant tribunal or court has jurisdiction.
- If your visa was refused or cancelled by the Minister personally (especially on character grounds), you may only have a right to judicial review in the courts, not the ART.
- Always check your refusal or cancellation notice for your specific rights and deadlines and seek immigration advice.
Why seek legal advice?
Migration review and appeal processes are complex and time-sensitive. Our immigration lawyers can:
- Assess your eligibility for review or appeal
- Advise on the best pathway (tribunal or court)
- Prepare and lodge your application within the strict deadlines
- Maximise your chance of a successful outcome
What are the requirements for a visa refusal appeal?
To appeal a visa refusal decision, you must:
- Have received a visa refusal decision (you should include a copy of this with your appeal application)
- Lodge the appeal paperwork with the relevant appeal body (generally online or in person)
- Lodge the appeal paperwork by the relevant deadline
- Pay the relevant appeals fee (some appeals are free or have the option of having the fee reduced or waived)
Most commonly, you will lodge a visa refusal appeal with the Administrative Review Tribunal (ART). You can find more information about the ART appeals process on our ART page. In some cases you may instead appeal to the Federal Circuit and Family Court, the Federal Court and in some cases with the High Court of Australia.
Where is an Australian visa refusal appeal heard?
Australian visa refusal appeals are most commonly heard in the Administrative Review Tribunal (ART), however, in some cases, you may need to appeal to the Federal Circuit and Family Court, the Federal Court of Australia and in some cases to the High Court of Australia. You should read your visa refusal notice carefully to understand which appeal body is relevant in your case.
ART appeals generally include a hearing. The hearing will typically be held at the ART in a hearing room with an ART Tribunal Member. Each Australian state and territory has their own ART location. The ART will write to you and inform you of the date, time and location of your hearing. They will also advise you if an interpreter has been booked for your hearing.
In many ART appeals, the hearing will take place in person, however, under certain circumstances, you may be requested to attend your hearing via telephone or video conference.
An ART hearing is an important opportunity to tell your story in detail and address any issues that you may have found in the Departmental visa refusal decision. It is important to be well prepared for the hearing, to have supportive evidence and to ensure all the legal criteria are met in order to have a successful appeal. For information regarding ART hearings, you can visit our Administrative Review Tribunals webpage.
If your visa refusal decision cannot be appealed to the ART, or if you have received a negative decision at the ART, you may be able to appeal your decision to a court. Court hearings are very different to Tribunal hearings as they generally involve more technical legal arguments.
Learn more about Court Appeals.
Questions about appealing a visa decision? Book a free 10 minute consultation online with one of our expert immigration lawyers.