Carlos is in Perth on a bridging visa when his partner visa is refused. In the same month, his sister’s visitor visa application for a trip to see him is also refused. He assumes both decisions can go to the same tribunal. In fact, one is likely to be reviewable, and the other may not be. This guide explains which visa decisions the Administrative Review Tribunal (ART) can review, who can apply, and what your options are when review is not available.
Can every visa refusal be appealed?
No. Many visa refusals can be reviewed by the ART, but not all. Most refusals made while the applicant is in Australia are reviewable. Offshore refusals are usually reviewable only where the visa involves a sponsor, nominator or close relative in Australia, and that person usually applies. Your refusal letter is the most reliable guide, because it states whether the decision is reviewable, who can apply and the deadline.
Which decisions the ART can review?
The list of reviewable migration decisions is set out mainly in section 338 of the Migration Act 1958. In broad terms, it includes most onshore visa refusals, such as partner, student, skilled and temporary graduate refusals, and many visa cancellations made while the holder is in Australia. It also includes refusals of sponsorship and nomination applications, where the business or person who applied can seek review.
Some offshore refusals are reviewable where an Australian sponsor or relative is involved, such as offshore partner visas and some family-sponsored visitor visas. Bridging visa refusals can also be reviewable, and protection visa decisions have their own review pathway at the Tribunal.
The Tribunal reviews the decision on its merits. It can consider new evidence and can affirm the refusal, make a new decision, or send the case back to the Department.
Decisions that usually cannot be reviewed
Some decisions fall outside the Tribunal’s powers. These include most offshore refusals where no sponsor or relative is in Australia, such as many tourist visitor visa refusals, decisions made personally by the Minister, and refusals based on adverse security assessments. Offshore skilled visa refusals often carry no review rights either.
Character decisions under section 501 follow a separate path. Some are reviewable with a much shorter deadline, and those made personally by the Minister are not. If your letter says the decision is not reviewable, the usual options are a new application where the law allows it, or in limited cases judicial review in court.
Who can apply for review?
The person entitled to apply depends on the decision. For most onshore refusals, the visa applicant applies, and generally needs to be in Australia when lodging the review. For offshore visas that need a sponsor, such as a partner visa lodged overseas, the Australian sponsor usually applies. For nomination and sponsorship refusals, the business or person who made the nomination applies. The Tribunal can only accept an application from the person the law allows, so check this before lodging.
Where review rights are lost?
Review rights are most often lost through timing. The ART cannot extend the deadline for migration decisions, and the time runs from when you are notified, which can be earlier than the day you read the letter. Some people travel overseas before lodging an onshore review. Others lodge in the applicant’s name when the sponsor was the person entitled to apply. Some assume a decision is not reviewable and let the time pass without checking.
For example (illustrative only, not a real case): Priya’s employer’s nomination is refused, and her own visa application is refused soon after. Her employer lodges an ART review of the nomination on time, and Priya lodges a review of her visa refusal. Because the nomination review is still pending, her visa refusal remains reviewable.
If you have a refusal letter and are unsure whether it can be reviewed, The Migration’s team can read it with you and explain your options. Book a consultation.
How to check your review rights?
A refusal is stressful, but checking a few details early keeps your options open. Start with the refusal letter. Look for the section on review rights, which names the Tribunal, the person who can apply and the time limit. Write down the date you were notified.
Next, check where you were when the decision was made and where you are now. For an onshore refusal, stay in Australia until the review is lodged.
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Book ConsultationIf the letter says the decision is reviewable, lodge on time, even if you are still gathering evidence. You can give documents to the Tribunal after lodging. The application fee for most migration reviews is about AUD 3,727, and a fee reduction may be available in cases of financial hardship.
If the decision is not reviewable, look closely at the reasons for refusal. A new application that addresses those reasons may be possible, subject to the section 48 bar if you are in Australia.
The Migration team helps onshore clients understand refusal letters and prepare ART review applications. Talk to the team about your decision.
Common decisions and review rights
This table gives a general guide. Your refusal letter confirms the position for your case.
| Decision | Usually reviewable? | Who applies |
| Onshore partner, student or skilled visa refusal | Yes | Visa applicant |
| Onshore visa cancellation | Often | Visa holder |
| Nomination or sponsorship refusal | Yes | Sponsor or nominator |
| Offshore partner visa refusal | Usually | Australian sponsor |
| Offshore family-sponsored visitor visa refusal | Often | Australian relative |
| Offshore tourist visitor visa refusal with no Australian relative | Usually not | Not applicable |
| Decision made personally by the Minister | No | Not applicable |
Deadlines, bridging visas and the section 48 bar
Review deadlines are set by law and differ by decision type. Character-related decisions can have deadlines as short as nine days. Your letter states the deadline for your case.
If you are onshore and hold a bridging visa linked to the refused application, lodging a valid review on time usually keeps that bridging visa in effect during the review. The section 48 bar may limit which new visas you can apply for in Australia after a refusal, even while a review is running. The Tribunal can take many months to decide a case, so plan your work, study and travel around that time.
