Act before the deadline.
Review deadlines run from the day you are notified of the decision. A refusal can usually be taken to the Tribunal within 28 days if you are in the community, or 7 days if you are in immigration detention. A character cancellation has 9 days.
The Tribunal cannot extend these deadlines. Send us the decision letter the day you receive it.
Review at the Administrative Review Tribunal.
The Tribunal looks at your case again and can make a different decision. We work out why your visa was refused, gather the evidence that answers it and write the submissions.
Many cases turn at the hearing. We represent you there and prepare you and your witnesses for the questions you will face.
Judicial review in court.
If the Tribunal gets the law wrong, you may be able to ask the Federal Circuit and Family Court to review its decision. The court checks whether the decision was lawfully made. It does not rehear the facts.
Applications are generally due within 35 days of the decision. We tell you honestly whether there is an arguable error before you spend money on it.
Visa cancelled or facing charges?
Character cancellations under section 501 have their own rules and the shortest deadlines. Read about visa cancellation on character grounds.
If you are not an Australian citizen and you have been charged, the sentence can decide your visa. Read about criminal charges and your visa.
Frequently asked questions
How long do I have to apply to the Tribunal?
Usually 28 days from notification if you are in the community, 7 days if you are in detention, and 9 days for a character decision. Your decision letter states the deadline that applies to you. Check it the day it arrives.
Can you guarantee the Tribunal will overturn the decision?
No. Nobody can promise a decision. We can promise an honest view of your prospects before you start, careful preparation, and that we will represent you at the hearing.
Can I stay in Australia while the review runs?
If you applied in Australia and hold a bridging visa, it usually continues while the Tribunal reviews the refusal. Check the conditions of your bridging visa and ask us if you are unsure.
What does judicial review cost?
There are court fees as well as our fees. If you lose, the court can order you to pay the Minister’s legal costs. We explain that risk and give you a fee estimate before anything is filed.
Official information
Read the current government guidance alongside advice for your circumstances.
Reviewed by Paula McGeown, Principal Lawyer · Updated