How to Appeal a Visa Refusal in Australia: Step-by-Step Guide

When your visa is refused, the Department of Home Affairs will send you a decision letter outlining:

• - Which visa you applied for and the decision date
• - The reasons for refusal — specific criteria you didn't meet
• - Your review rights — whether you can appeal, to which tribunal, and the deadline

Read this letter carefully. The reasons for refusal will tell you exactly what you need to address in your appeal. Common reasons include:

• - Insufficient evidence of genuine relationship (partner visas)
• - Not meeting the points test threshold (skilled visas)
• - Health or character concerns
• - Failing to meet financial requirements
• - Insufficient English language scores
• - Incomplete or inconsistent documentation

Not all visa refusals can be appealed. Your decision letter will state your review rights. Generally:

If you were in Australia when the decision was made: - You usually have 28 days to lodge an appeal with the AAT/ART - For migration decisions, this is typically 21 days for some visa types

If you were outside Australia: - You typically have 28 days from the date you received the notification - Some offshore refusals have 70 days

⚠️ These deadlines are strict. If you miss the deadline, you lose your right to appeal. There are very limited exceptions. Act immediately upon receiving a refusal.

### Types of Review - Migration and Refugee Division (AAT/ART) — Most visa refusals and cancellations - Federal Circuit and Family Court of Australia — Judicial review (legal errors only, not merits) - Ministerial Intervention — Requesting the Minister to personally intervene (rare, discretionary)

To lodge an appeal with the AAT/ART:

1. Go to the AAT/ART website and complete the application form online
2. Pay the application fee — approximately $3,374 for migration decisions (as of 2026). This fee is refundable if the tribunal decides in your favour.
3. Provide your refusal notification and any supporting documents
4. Confirm your contact details — the tribunal will communicate by mail and email

### Fee Reduction If you're experiencing financial hardship, you can apply for a reduced fee (approximately $100). You'll need to provide evidence such as Centrelink income statements or a hardship declaration.

After lodging, you'll typically have several months before your hearing. Use this time wisely:

Gather Additional Evidence The AAT/ART conducts a full merits review — meaning they look at your case fresh, considering any new evidence you provide. This is your chance to fix the weaknesses in your original application.

• - Address every reason for refusal specifically
• - Provide new evidence that wasn't in your original application
• - Get statutory declarations or witness statements if relevant
• - Obtain updated English test results, skills assessments, or medical reports if those were the issue

Consider Getting Professional Help If you didn't use a migration agent or lawyer for the original application, strongly consider engaging one for the appeal. The stakes are high and the process is formal.

• - Migration agents can prepare submissions and represent you at hearings
• - Immigration lawyers can handle complex legal arguments
• - Fees for AAT representation typically range from $3,000 to $10,000+ depending on complexity

Most AAT/ART hearings are:

• - In person at a tribunal office, or by video conference
• - Relatively informal compared to a court — there's no jury, and the tribunal member will ask you questions directly
• - Usually 1–3 hours depending on complexity
• - You can bring an interpreter (free, arranged by the tribunal)
• - You can bring a representative (migration agent or lawyer)

### What Happens at the Hearing The tribunal member will: 1. Explain the process 2. Ask you questions about your application and circumstances 3. Give you the opportunity to present your case and evidence 4. May ask your representative to make submissions

### Processing Times From lodgement to decision, the AAT/ART migration division typically takes 12–18 months as of 2026. Complex cases or those involving national security can take longer.

The tribunal can:

• - Set aside the decision and substitute a new decision — You win. The tribunal grants or remits your visa.
• - Remit the decision — Send it back to the Department with directions to reconsider.
• - Affirm the decision — The refusal stands. You may have further options (judicial review or ministerial intervention).

### Success Rates Success rates at the AAT vary by visa type. Partner visa appeals tend to have higher success rates (around 40–50%) because applicants can submit additional relationship evidence. Skilled visa appeals have lower success rates because the criteria are more objective.

### If You Lose the Appeal - You may be able to seek judicial review in the Federal Circuit Court if there was a legal error - You can request Ministerial Intervention under section 351 or 417 of the Migration Act - You may need to depart Australia if your bridging visa expires