Visa cancelled or refused: how many days you have to appeal
A visa refusal is a written decision by a delegate of the Department of Home Affairs refusing to grant your visa. A visa cancellation takes away a visa you already hold, and often means the person becomes unlawful and can be taken into immigration detention. Both come with a decision record that explains the legal criteria relied on and how the evidence was assessed. The first thing to work out is your last day to act, because the review windows are measured in days, not weeks, and they cannot be extended. The table below sets them out. After that, your options depend on whether you have review rights, your location (onshore or offshore), and any bars that may apply.
- Check review rights immediately: your decision record states if you can apply for merits review and who can lodge it.
- Note the notification date: appeal time limits run from when you were notified (by email, post or in person).
- Identify any onshore limits: section 48 may prevent many onshore applications after a refusal; limited exceptions exist.
- Stay lawful: confirm your current visa or bridging visa status and conditions while you consider options.
Important: Time limits are short and late applications are usually not accepted. If in doubt, lodge the correct review within time and seek advice quickly.
How many days to appeal a visa cancellation or refusal
Merits review of migration decisions is now done by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) in October 2024. The time limits below are the usual ones. Your decision letter states the exact window that applies to you, so read it first.
| Your situation | Days to act | Where to lodge |
|---|---|---|
| Visa cancelled while you are in immigration detention | 7 days after you are taken to have received the notice | Apply to the ART |
| Most other onshore cancellations (for example cancellation for breach of visa conditions or incorrect information) | 9 days after you are taken to have received the notice | Apply to the ART |
| Most onshore visa refusals | 28 days after you are taken to have received the notice (some refusal types have shorter windows) | Apply to the ART |
| Mandatory character cancellation under section 501(3A) (visa cancelled while serving a full time sentence) | 28 days after notification to make representations asking for revocation | Written representations to the Minister via the Department |
| Legal error in a tribunal decision | 35 days from the date of the decision; the court can extend this only in limited cases | Judicial review in the Federal Circuit and Family Court of Australia |
The ART windows cannot be extended. If the application arrives a day late, the tribunal has no power to accept it. Lodge first, even with minimal material, and build the case afterwards.
Counting from the right day
Families often count from the day they read the letter. The law counts from the day the notice is taken to be received, which can be earlier:
- Email: taken to be received at the end of the day it was sent, whether or not it was opened.
- Hand delivery: the day it was handed over. In detention this is usually the day staff give the person the notice and ask them to sign for it.
- Post within Australia: taken to be received seven working days after the date on the letter, so the clock can already be running before the envelope arrives.
If you are not sure, ask the Department or the detention centre for the exact notification date and method, then treat the earliest possible date as the real one.
Who can review what
- ART: most onshore refusals and discretionary cancellations, provided the decision was made by a delegate and the letter says review rights exist.
- Minister only: character cancellations under section 501. A mandatory cancellation is challenged by asking for revocation within 28 days. If a delegate refuses to revoke, there is a further short window to apply to the ART, but a decision made personally by the Minister cannot be reviewed on the merits at all.
- Court: judicial review for legal error only, after the tribunal or Minister has decided. The court cannot re-weigh the evidence.
What happens while the review runs
- After a refusal: an onshore applicant usually stays lawful on a bridging visa until the review is finalised. Work rights follow the conditions on that bridging visa; a lawyer or agent can advise on applying to vary them if money is a problem.
- After a cancellation: the person normally has no visa and may be detained. A bridging visa can be applied for, but grant is discretionary and often refused in character cases, so many people remain in detention for the whole review.
- Removal: the Department generally does not remove someone while a valid review application or revocation request is on foot. Once the review is finished and no further step has been taken in time, removal can follow quickly, which is why the next deadline has to be diarised the day a decision arrives.
How long it takes and what the prospects are
ART timeframes depend on the caseload in the relevant list. Cases where the applicant is in detention are generally prioritised and can be heard within weeks; other refusal reviews commonly take many months before a hearing. Judicial review adds further months. There is no single success rate worth relying on: outcomes depend on the type of decision, whether new evidence can fix the reason for refusal, and the quality of the submissions. Refusals based on missing or inconsistent evidence are the most fixable. Character cancellations are the hardest, because the tribunal or Minister weighs protection of the community heavily and the person usually cannot gather evidence from inside detention without help.
What family outside detention can do today
- Get a copy of the cancellation or refusal notice and the full decision record, and note the notification date and method.
- Ask the person to sign a written authority (the Department's form appointing a lawyer or registered migration agent) so a representative can act and receive correspondence.
- Gather what the representative will need fast: passport details, visa history, criminal history if any, family and children in Australia, employment, health and community ties.
- If there is no money for a private lawyer, legal aid commissions, community legal centres and refugee and immigration legal services take some detention and cancellation matters; demand is high, so ask on day one and keep looking for a private option in parallel.
- Use the form on this page to be matched with an immigration lawyer or registered migration agent. Many will quote a fixed fee for the urgent lodgement alone, with separate quotes for submissions and the hearing, so representation can start within the window even if the full case is funded later.
Appeal options to consider
1) Merits review (ART, formerly the AAT)
A de novo review that can look at new evidence and decide the matter again. The tribunal may affirm the refusal, set aside and decide differently, or remit the matter to the Department for reconsideration with directions.
- Strict time limits; eligibility depends on the type of decision and where you were when you applied.
- Partial refund of the application fee if the outcome is favourable.
- Often the main pathway for onshore refusals with review rights.
2) Judicial review
Filed in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court, focusing on legal error, not re‑hearing your case. No new merits evidence is usually allowed.
- Used when a legal or procedural error is arguable.
- Different time limits and filing requirements apply.
3) Ministerial intervention
A request for the Minister to intervene on public interest grounds. Highly discretionary and generally only after merits review options are exhausted.
4) Fresh application
Sometimes a new visa application (often from offshore if s 48 applies) is strategically better, especially when requirements have changed or new evidence is available. Assess eligibility carefully first.
Deadlines, bridging visas and typical costs
- Deadlines: Time limits are strict and often short (commonly within a few weeks, sometimes shorter). The clock usually starts when the decision is notified. Late appeals are generally not accepted.
- Bridging visas: Some applicants remain lawful on a bridging visa while a review is pending. Eligibility, work rights and travel conditions depend on your history and current status.
- Application fee: The tribunal charges a filing fee set by legislation; a partial refund may apply if successful. Concession rates may be available to eligible applicants. Check the current fee on the tribunal website.
- Professional fees: Fees for migration agents and immigration lawyers vary by case complexity and stage (lodgement, submissions, hearing). Ask for a written scope, timeline and estimate.
- Timeframes: Reviews can take months. You may receive requests for information before any hearing is scheduled.
Evidence & documents that strengthen an appeal
Target your evidence to the actual reasons for refusal. Organise a clean bundle so it is easy to follow and clearly linked to the legal criteria.
- Refusal decision record and all attachments
- Your original application and all documents you lodged
- Updated or corrected evidence addressing each refusal reason
- Personal statements or statutory declarations explaining discrepancies
- Third‑party records: financials, employment, study, tenancy, travel, relationship evidence
- Translations by accredited translators where required
- Police checks, health assessments or other public interest criteria documents if relevant
- Any expert reports or corroborating letters (on letterhead, with contact details)
Tip: Consistency is critical. Dates, addresses, employment and relationship timelines should align across forms, statements and supporting documents.
How the appeal process usually works
| Stage | What usually happens |
|---|---|
| Check rights & deadline | Confirm if your decision is reviewable, who can lodge, and the last day to file. Act before the deadline. |
| Lodge review | Submit the application online, pay the fee or seek a concession, and keep the receipt and acknowledgement. |
| Get the file | Request your Department records (for example via FOI) and read the decision reasoning carefully. |
| Prepare submissions | Address each refusal reason with evidence and a clear, criteria‑based outline. Respond to any requests for information. |
| Conference/hearing | You may be invited to a case conference and a hearing. Bring originals or certified copies if asked. Interpreters can be arranged. |
| Decision issued | The tribunal may affirm, set aside or remit the decision. Consider next steps such as judicial review or ministerial intervention if needed. |
Common refusal reasons and how to respond
Genuineness and intent
Student, visitor and other temporary visas are often refused for not satisfying genuineness criteria. Provide consistent evidence of your purpose, ties, financial capacity and compliance history.
Relationship evidence
Partner visas can fail on insufficient proof of a genuine and continuing relationship. Strengthen shared financial, household, social and commitment evidence with clear timelines.
Public interest criteria
Character (e.g., s 501), identity, health (PIC 4005/4007) or bogus documents (PIC 4020) are frequent issues. Tailor submissions to the specific criterion and provide authoritative supporting documents.
Eligibility and points
Skilled visas may be refused for points, skills assessments or work experience claims. Reconcile dates, duties and qualifications with independent evidence.
Visa refusal appeal FAQ
Do I have to use a lawyer or migration agent?
No, but many people prefer professional help because appeals are evidence‑heavy and time‑sensitive. If you do get help, use a registered migration agent or an Australian lawyer experienced in tribunal matters.
Can I travel while my appeal is pending?
Travel rights depend on your visa conditions. Leaving Australia can affect your status and the review. Check your bridging visa and get advice before you travel.
What outcome can the tribunal make?
It can affirm the refusal, set it aside and make a new decision, or remit the matter to the Department with directions to reconsider under specified criteria.
What if I missed the deadline?
Late lodgement is usually not accepted. You may need to consider other pathways (for example, a new application from offshore if eligible) or get advice about any limited alternatives.
Visa cancelled or refused and the clock is running?
Tell us the date on the notice, how it was delivered, and whether the person is in detention, so your enquiry can be treated as urgent and matched with an immigration lawyer or registered migration agent who handles ART reviews and cancellation revocation requests.
Tell us what's happening. We'll match you with a lawyer who can help and email you their introduction. Reply to it and they'll be in touch. Free, no obligation.