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Refused or Cancelled?

You may still have a way forward.

A refusal or cancellation feels like the end, but very often it isn't. There are real options to challenge a decision, and we use them every week. The one thing you can't do is wait - because the deadline to act is strict and short.

Deadlines are strict - act fast We handle appeals every week An honest read on your chances
First, Take a Breath. Then Don't Wait.

Getting a refusal is one of the most stressful things in a migration plan.

Here's the honest truth: some of these decisions can be overturned, and some can't - but you usually only get one short window to try. The sooner you get proper advice, the more options stay open.

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Every
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We handle refusals, cancellations and appeals as a regular part of our work
HonestWe'll tell you straight whether the decision looks fixable - no false hope to keep you paying
Costs and Deadlines

What each pathway costs, and how long you have.

Fees and deadlines vary by pathway, and government charges are reviewed regularly. The figures below are a guide only - your refusal letter sets the deadline that actually applies to you, so check it the day it arrives.

Pathway Who decides What it costs Time to act
Merits review Administrative Review Tribunal (ART)The ART replaced the AAT and IAA on 14 October 2024. Around AUD 3,580Around half may be refunded if your review succeeds. The fee is indexed each 1 July, so confirm the current amount. Usually around 21 to 28 days from your decision letter, and shorter in some cases
Judicial review Federal Circuit and Family Court (FCFCOA)A court, not a tribunal. Needs a lawyer - we assess and refer. Around AUD 4,300 filing feeCourt charge only; legal costs are separate and depend on your case. Around 35 days from the ART decision
Ministerial intervention The Minister, personallyDiscretionary, rare, and a genuine last resort after the Tribunal. No application feeThere is no government charge to make a request; professional fees for preparing it may apply. Generally only after the Tribunal has decided your case

Figures are indicative and subject to change by the Australian Government. This is general information only, not personal advice. We will confirm the current fee and the exact deadline for your situation before you commit to anything.

The Deadline Depends on Your Situation

There is no single appeal deadline - it changes by scenario.

The clock always runs from the date on your own decision letter. These are the common windows, but the only number that counts is the one on your letter.

~21-28 daysStandard merits review for most refusals, from the date on the decision letter
~9 daysSome character-cancellation decisions - one of the tightest windows there is
14 daysWhere the affected person is in immigration detention
~35 daysJudicial review at the FCFCOA, running from the ART decision (separate from ART review)

Some onshore visitor refusals run to around 21 days. Because these deadlines are strict and usually cannot be extended, the safest move is to send us your letter today.

Which Path Is Yours?

Three ways to challenge a decision - and they are not interchangeable.

Most people only get one realistic shot, and choosing the wrong one can cost you the right one. Here is how the three main routes differ. We will tell you honestly which - if any - fits your case.

Start Here for Most

Merits review at the ART

The Tribunal looks at your case afresh on the facts and can substitute a different decision. This is the usual route when you believe the outcome was wrong, or you have evidence that was not properly weighed. Not every visa carries a right of review, and some offshore refusals only allow a sponsor or relative to apply.

Cost: around AUD 3,580 (part refundable if you succeed) Deadline: often ~21-28 days; shorter in some cases
Legal Error Only

Judicial review at the FCFCOA

The court does not re-decide your case on the merits. It looks at whether the Tribunal made a legal error in how it reached its decision. If it did, the matter can be sent back to be decided again. This needs a lawyer, and we assess whether there is an arguable error before referring you on.

Cost: around AUD 4,300 filing fee (plus legal costs) Deadline: around 35 days from the ART decision
Last Resort

Ministerial intervention

When the Tribunal has said no, the Minister has a personal, discretionary power to step in where there are unique or compelling circumstances. It is rare, it cannot be demanded, and it is not a substitute for review. It generally only becomes available once the Tribunal has decided your case.

Cost: no application fee Deadline: generally after a Tribunal decision

Whether any of these is open to you depends on your visa, where you applied from, and the reasons for the decision. We map the realistic options against your circumstances before you spend money on the wrong one.

Common Questions

Visa appeals - your questions answered.

It depends on your visa type and your circumstances, and the exact number of days is set out in your refusal letter. For most refusals it is generally around 21 to 28 days, but some situations are much tighter - as little as around 9 days for certain character-cancellation decisions, and 14 days if you are in immigration detention. The deadline is strict and usually cannot be extended, so the safest thing is to act the day the letter arrives. Send us the letter today and we will confirm your deadline straight away.
The ART is the independent body that reviews many visa and migration decisions on their merits. It replaced the former AAT and IAA on 14 October 2024. Not every visa carries a right of review, and some have conditions - for example, certain offshore refusals only allow a sponsor or eligible relative in Australia to apply. We check your specific visa and tell you exactly what is open to you. For a closer look at the refusal pathways, see visa refused - your review options.
The ART review fee is currently around AUD 3,580. Around half of it may be refunded if your review succeeds, though that depends on the outcome and is not guaranteed. The fee is indexed each 1 July, so the current amount can change - we confirm the exact figure for your case before you lodge. Judicial review at the Federal Circuit and Family Court carries a separate filing fee of around AUD 4,300, while a ministerial intervention request has no application fee.
It depends on why you were refused. If the problem was a missing piece of evidence you can now supply, a fresh application may be the cleaner route. If the decision itself looks wrong, ART review may be better. There are also traps with reapplying - the section 48 bar can stop some onshore applicants from lodging again - so it is worth checking before you act. Get advice early so you do not lose a deadline or your eligibility. Talk to us and we will work out the smarter path with you.
A cancellation is usually more urgent than a refusal, especially onshore, because it can make you unlawful very quickly and the window to act can be tiny. There are two broad paths: respond before a proposed cancellation becomes final - see our natural justice response guidance - or apply to the ART for review after a cancellation has been made. The right move depends on where you are in the process, so check fast rather than assume. Our visa cancellation page sets out the urgent pathways.
ART review is a formal merits review, where the Tribunal re-examines your case on the facts and can substitute a different decision. Ministerial intervention is different in kind: it is a personal, discretionary power the Minister may use where there are unique or compelling circumstances, and it generally only becomes available after the Tribunal has decided. It is rare, cannot be demanded, and is a genuine last resort rather than an alternative to review. We will tell you honestly whether it is even worth raising in your case. See our ministerial intervention page for how it works.
It depends on the pathway. For merits review at the ART, a registered migration agent can prepare and run your case. Judicial review at the Federal Circuit and Family Court is a court process about legal error, and that needs a lawyer - we assess whether there is an arguable error and refer you on where appropriate. A word of caution: be wary of anyone promising a "guaranteed" win or a "free" appeal. No one can guarantee an outcome, and a proper assessment of your case is not something that should be given away as a hook.
In most cases, missing the deadline means the option to have your decision reviewed is gone for good, and it usually cannot be extended. There are only narrow, exceptional circumstances where anything can be done after the date, so please do not assume there is leeway. This is exactly why immediate action matters so much. If you think your deadline may have passed or is close, send us the letter straight away and we will tell you honestly where you stand.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

Got your refusal or cancellation letter?

Send it to us today. We'll confirm your deadline and give you an honest read on your strongest option.

Visa Refused or Cancelled? Appeal to the ART · we build the case
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