What Happens After a Refusal?
When the Department of Home Affairs refuses a visa application, they must provide written reasons for the decision. These reasons are your starting point. Depending on the visa type and your circumstances, you may have one or more of the following options:
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AAT Merits Review: Apply to the Administrative Appeals Tribunal for an independent review of the decision. The AAT considers the evidence afresh and can set aside the refusal.
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Fresh Application: In some cases, a new application — with improved evidence or changed circumstances — is more appropriate than an appeal.
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Judicial Review: Federal Court review on legal grounds (errors of law, procedural fairness breaches). Requires a solicitor.
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Ministerial Intervention: Discretionary intervention by the Minister in compelling or exceptional cases.
AAT Time Limits — Act Immediately
Critical: AAT review applications must be lodged within strict time limits from the date of refusal — typically 21 days for onshore refusals and 70 days for offshore refusals. Some visa types have even shorter deadlines. Once the deadline passes, the right to review is permanently lost. Contact us the day you receive a refusal.
How MigrationSquare Can Help
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Review your refusal letter and identify the exact grounds of refusal
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Advise honestly on whether appeal or fresh application is the better strategy
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Prepare and lodge AAT review applications before the deadline
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Gather and present new evidence to address the refusal grounds
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Represent you in all correspondence with the AAT and the Department
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Advise on bridging visa entitlements while the review is pending
What the AAT Review Involves
An AAT merits review gives you a fresh look at the decision. Unlike a court, the AAT considers the full merits of the case — not just whether there was a legal error. You can submit new evidence that was not in your original application. The AAT can affirm the refusal, vary the decision, or set it aside and substitute a new decision (i.e., approve the visa).
Most review proceedings are resolved on papers, though complex cases may proceed to a hearing. Processing times at the AAT are currently 12–24 months for many visa types.
Bridging Visas During Review
If you lodge an AAT review application while in Australia on a valid visa, you are generally entitled to a bridging visa that allows you to remain in Australia lawfully while the review is pending. Do not depart Australia without first confirming your bridging visa entitlements — departure can affect your ability to continue the review.
