Visa refusals & AAT/ART appeals

Refusal isn't the end. But the clock is short.

You usually have only 21 days from the date on the decision letter to lodge an appeal with the Administrative Review Tribunal. Wait two weeks because you're upset, and you may lose the right to appeal entirely.

Applicant reviewing visa refusal and AAT/ART appeal options with a migration agent

Most onshore refusals have a 21-day appeal deadline. Some offshore matters and cancellations have 28 days. The clock runs from the date you're taken to have received the decision — not when you opened the email. Call us the day the letter arrives.

Call us the day the letter arrives

Even if you don't engage us, an early conversation can save your case. We've taken on appeals with as little as three days remaining on the clock — it works because the lodgement itself is the time-critical step; the detailed submission and evidence rebuild can follow over the next few months. Pradeep Kaur (MARN 2619342) handles refusal and appeal work weekly, with same-day or next-day attention for time-critical matters.

What we do

A refusal-appeal engagement

Refusal review

We read the decision letter carefully — Home Affairs sometimes gets it wrong on a point of law, not just the facts. Officers can misapply the genuine-relationship test, misclassify an occupation, or ignore evidence in the file.

ART appeal lodgement

Inside the time limit, with the right grounds. The lodgement is the time-critical step; we secure your appeal rights first, then build the detailed submission.

Evidence rebuild

We reorganise and strengthen the file — fresh statutory declarations, updated financial and relationship evidence, expert material where it helps.

Section 48 bar planning

A refusal onshore can bar further onshore applications. We plan around the s48 bar so a refusal doesn't trap you in a dead end.

Ministerial intervention

Where the Tribunal can't help, we assess whether a request for ministerial intervention under s351 or s417 is realistic — and tell you honestly if it isn't.

Re-application strategy

Sometimes a fresh, properly-built application beats an appeal. We map the smartest route for your specific refusal.

Case example · 309 appeal remitted

A Wauchope couple won their 309 partner-visa appeal at the Administrative Review Tribunal after a self-lodged refusal. We lodged inside the deadline, rebuilt the relationship evidence across the four pillars, and the case was remitted to Home Affairs for re-grant. Names withheld.

Received a refusal letter? Don't wait — the deadline is running.

Call 0402 942 136 today →
Common questions

Frequently asked questions

Generally 21 days from notification for most onshore refusals; some offshore matters and cancellations have 28 days. The deadline runs from the date you're taken to have received the decision — not when you actually opened it. Late lodgements are almost always rejected as out of time regardless of the merits.

Often, yes. We've taken on appeals with three days remaining. The lodgement itself is the time-critical step — we secure your appeal rights first, then the detailed submission and evidence rebuild follow over the next few months. Call as soon as you can.

It depends entirely on the strength of the new evidence and the grounds. Tribunal set-aside rates for partner-visa cases have historically been around 30–40% — meaningful but not guaranteed. We give you an honest read at the consultation rather than a sales pitch.

If your visa is refused (or cancelled) while you're onshore, section 48 can bar you from lodging most further onshore applications. It's one of the most consequential traps in a refusal. We plan around it so a refusal doesn't leave you with no onshore options.

It depends on the refusal, the s48 position and your visa status. Sometimes a fresh, properly-built application beats an appeal; sometimes the appeal is the only route. We map the smartest path for your specific case.

Related

Explore related services

Don't sit on a refusal letter

The 21-day deadline doesn't pause for deliberation. Call the day it arrives and we'll prioritise your matter.

Content approved by Principal Migration Agent Pradeep Kaur (MARN 2619342). Last reviewed: June 2026.

📞 CallBook a consultation →