If your visa has been refused or cancelled, the most important thing to understand is this: you often have a right to appeal, but the deadline is strict and short — and missing it usually means losing the right entirely. Act immediately. Here's what you need to know.
What can I do if my visa is refused?
Your refusal or cancellation decision letter is the key document. It explains the reasons for the decision and, crucially, whether you have review rights and how long you have to exercise them. In many cases you can apply for merits review at the Administrative Review Tribunal (ART) — an independent body that re-examines the decision afresh. The ART replaced the former Administrative Appeals Tribunal (AAT) in late 2024 and reviews migration, sponsorship, and related decisions.
How does an ART appeal work?
Merits review means the Tribunal looks at your case again on its merits and can affirm the original decision, change it, or send it back to the Department to be reconsidered. A successful review can reinstate your visa or reopen a pathway. The process involves lodging the application within the deadline, paying the fee, and presenting your case — often with additional evidence and clear arguments addressing exactly why the original decision should be changed. As a registered migration agent, Sirat can prepare and lodge merits review applications and represent you at the ART (note that Federal Court appeals, which are a separate step, require a lawyer).
How long do I have to appeal?
This is the single most important point: the deadlines are strict, short, and vary depending on the type of decision and your circumstances. Some deadlines are very tight. The Tribunal generally cannot extend these time limits, so missing the deadline usually means permanently losing your right to review. The moment you receive a refusal or cancellation, treat it as urgent and get advice straight away — do not wait.
How long does the review itself take?
Once lodged, ART reviews can take anywhere from several months to a few years to finalise, depending on the visa type and the Tribunal's caseload. While a valid review is on foot, a bridging visa may allow you to remain in Australia lawfully in the meantime, depending on your circumstances.
Should I appeal, or reapply?
It depends entirely on why you were refused. Sometimes a fresh application is the better path (for example, if your circumstances have changed or the refusal was due to something now fixable); other times, merits review at the ART is the right move. This is a genuinely strategic decision with significant consequences, and the right answer depends on the specific reasons in your decision letter — which is exactly why getting prompt, honest advice matters so much here.
This article is general information only and does not constitute migration advice. Appeal rights and deadlines depend on your specific decision and are time-critical — if your visa has been refused or cancelled, book a consultation with Sirat as soon as possible.