What to do after a visa refusal: a calm checklist

A visa refusal letter can be stressful to read. This is an ordered list of general steps people can take, starting with reading the letter and finding the time limit, and it does not say what is right for your situation.

After a visa refusal, the most useful first steps are to read the whole letter, write down the dates in it, and find the review rights and time limit it states. This article is a general checklist. It does not tell you whether your refusal can be reviewed, whether you are in time, or what you should do on your facts.

Time limits for reviewing migration decisions are strict, and the ART says it has no power to extend the time to apply for most of them. So the early steps are mostly about finding out what your letter says. Use check your decision letter for a plain list of what a letter should contain.

A checklist of general steps

Read the whole letter, slowly, including any attachments. A refusal must say which criterion was not met and, unless an exception applies, give written reasons.
Note the dates. Write down the date on the letter, and how and when you received it (email, post, hand delivery, or your online account such as ImmiAccount). The time to apply for review runs from when you are notified, not the date printed on the letter. See [the 28-day deadline](/articles/the-28-day-deadline/).
Check what the letter says about review rights. The Act requires a refusal notice to say whether the decision can be reviewed, the time in which an application may be made, who can apply, and where. Home Affairs and the ART both tell people to rely on this letter. See [which visa refusals the ART can review](/guides/which-visa-refusals-can-the-art-review/).
Find the time limit in the letter and write it where you will see it. The general rules are 28 days, 14 days in immigration detention, and 9 days for some character decisions, but your letter states the one that applies to you. See [how the 28 days is counted](/guides/how-the-28-days-is-counted/).
Check your current visa status. A refusal can affect whether you hold a visa, and Home Affairs suggests using VEVO to check visa details and conditions. A bridging visa, if you hold one, has its own rules about when it ends. See [bridging visas while you seek review](/guides/bridging-visas-while-you-seek-review/).
Check any agent's registration. If someone is helping or offering to help, check the Register of Migration Agents by name or MARN, or check a lawyer's practising certificate with the state or territory body. See [how to check a migration agent is registered](/guides/how-to-check-a-migration-agent-is-registered/).
Consider free help. Legal aid commissions, community legal centres and pro bono schemes are listed on the ART's website. Eligibility varies, so ask what they cover. See [free and low-cost help after a visa refusal](/guides/free-and-low-cost-help-after-a-visa-refusal/).
Keep records. Save the letter, envelopes or emails showing when it arrived, your application documents, receipts, and any messages with the Department or an agent. Keep your contact details up to date with Home Affairs.
Do not rely on forums for dates. Posts and older web pages may quote periods that no longer apply, such as 21 days. Confirm dates with the letter and a registered migration agent, an Australian lawyer or a free legal service.

Why the letter comes first

Whether a refusal can be reviewed depends on the type of decision, where you were when you applied, and other features set out in section 338 of the Migration Act. For example, a refusal of a visa applied for while in Australia can be reviewable if the conditions in the Act are met, while many refusals of visas applied for from outside Australia are not, unless a particular sponsor, nominator or relative connection applies. Even then, only the person named in the Act can apply. See offshore visa refusals and ART review.

The ART says your decision letter from Home Affairs will tell you if it can review the decision and whether you can apply. We cannot read your letter for you, and no checklist can.

What the options are in general

Depending on the decision, the general routes people consider include applying to the ART for review, applying for a new visa if the rules allow it, or leaving Australia if no visa is held. Each has its own rules and consequences, for example limits on applying for some visas from within Australia after a refusal. See reapplying after a visa refusal.

If you apply to the ART, there is a fee for most migration reviews. See what a visa refusal appeal costs. A review is a fresh look at the decision based on the evidence before the ART, and it can take a long time. See the ART review explained. The decision usually continues to operate while the review is under way, and the ART cannot stay it for most migration cases.

The ART cannot review some decisions made by the Minister personally, or a decision covered by a conclusive certificate. If the ART has decided and you think the decision is wrong in law, a court application has a 35-day time limit. Ministerial intervention is a personal power with no right to a decision. See ministerial intervention explained and judicial review after an ART decision.

If your visa was cancelled, not refused

Cancellations follow different steps, and the first response period can be only a few days. If you have a notice of intention to consider cancellation, read visa cancellation explained for the main cancellation powers and where their time limits come from. Your notice states your own dates.

Getting advice you can trust

Only a registered migration agent or an Australian lawyer can lawfully charge for immigration help. Be wary of anyone who says they can guarantee a visa or fast-track it, because Home Affairs says such a provider is lying and may be a scam. You can read more in choosing a lawyer or migration agent. If you cannot afford one, you can deal with the ART directly, and the ART says its processes are informal. See representing yourself at the ART.

The ART cannot recommend a particular person or organisation, and nor can this site. The ART will arrange a qualified interpreter free of charge if you ask in advance.

What this checklist does not do

This is general information, not legal advice or immigration assistance, and the site is not a migration agent or law firm. It does not assess your case or say whether you qualify for anything. Your decision letter states your review rights and time limit, and a registered migration agent, an Australian lawyer or a free legal service can look at your documents. Start with the letter and the dates in it.