Visa Refused in Australia? What to Do Next (Appeal Options Explained)
Published 2026-02-14
What Happens When Your Visa Is Refused?
When the Department of Home Affairs refuses your visa application, you will receive a written decision letter outlining the reasons for refusal and your review rights. The refusal letter is a critical document — read it carefully and note any review deadlines. In most cases, you have the right to seek merits review at the Administrative Appeals Tribunal (AAT), but strict time limits apply. Do not delay in seeking professional advice.
Can You Appeal a Visa Refusal?
Most visa refusals can be appealed through the Administrative Appeals Tribunal (AAT), which conducts an independent merits review of the decision. The AAT looks at your case afresh and can make a new decision, potentially overturning the refusal. However, not all visa types have review rights, and the rights depend on your visa type and location (onshore vs offshore). Your refusal letter will specify whether you have review rights and the deadline for lodging.
AAT Appeal Timeframes and Costs
Time limits for lodging an AAT appeal are strict: typically 21 days from the date you receive the refusal notice if you are in Australia, or 28 days if you are overseas. Missing this deadline means losing your review rights permanently. The AAT application fee is $3,374 (2025-26), which is refundable if the decision is overturned in your favour. AAT hearings typically take 6 to 18 months from lodgement to decision, depending on the visa type and complexity.
Should You Use a Migration Agent or Lawyer for an Appeal?
For AAT appeals, professional representation is strongly recommended. A migration agent can represent you at the AAT and is suitable for most standard appeals. An immigration lawyer is advisable for complex cases involving character issues, fraud allegations, or if there is a possibility the case may need to go to the Federal Circuit Court. Professional fees for AAT representation typically range from $3,000 to $10,000 depending on complexity. Visit our guide on /guides/migration-agent-vs-immigration-lawyer for help deciding which professional to engage.
What If the AAT Also Refuses?
If the AAT upholds the refusal, you may have further options: Judicial review in the Federal Circuit and Family Court of Australia (on legal grounds only, not merits), Ministerial intervention (requesting the Minister to exercise their personal power to grant the visa on compassionate grounds), or lodging a fresh visa application addressing the reasons for refusal. Judicial review is a legal proceeding and requires an immigration lawyer. Ministerial intervention is discretionary and has a very low success rate, but can be appropriate in exceptional circumstances.
How to Strengthen a Fresh Application After Refusal
If you choose to lodge a new application rather than appeal, carefully address every reason cited in the refusal decision. Gather additional evidence to overcome the specific weaknesses identified. A migration agent can review your refusal letter and advise on whether a fresh application is likely to succeed. Be aware that a previous refusal is disclosed in future applications and will be considered by the decision-maker. Use our directory to find an agent experienced in complex or previously-refused cases.
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