Guides and resources

Hiring help

How to check a migration agent is registered

You can check whether someone is a registered migration agent by searching the public Register run by the OMARA. Lawyers are checked in a different place.

Questions to ask before hiring a migration agent

A checklist of questions drawn from what the Code of Conduct already requires of registered migration agents, so you know what you are entitled to ask for.

Migration agent vs migration lawyer

Both registered migration agents and Australian lawyers can lawfully charge for immigration assistance. They are regulated by different bodies and checked in different places.

Migration agent fees and written agreements

There is no official fee range for migration agents or lawyers. What the rules do give you is a set of rights: a written agreement, a fee estimate, itemised invoices, a client money account and a refund policy.

Free and low-cost help after a visa refusal

Legal aid commissions, community legal centres and some specialist services give free immigration help, but most have eligibility limits and many focus on protection and cancellation matters.

Representing yourself at the ART

The ART says you can deal with it directly, or ask someone to represent you. Only a registered migration agent or an Australian lawyer can charge a fee for it.

ART appeal lawyer: what to check before you hire one

Who can lawfully charge to represent you at the Administrative Review Tribunal, how to confirm a lawyer holds a practising certificate, and what a fair agreement should cover.

Visa cancellation lawyer: what to check before you hire one

Many cancellations start with a notice that has a short response time. Here is what a lawyer or registered agent can lawfully charge for, what to confirm before paying, and what free help exists.

Partner visa refusal lawyer: what to check before you hire one

Who may apply for review of a partner visa refusal can depend on where you applied from, and ART partner reviews have been among the slowest. Both affect how you hire and what you agree to pay.

Student visa refusal lawyer: what to check before you hire one

Since 1 June 2026, most new ART reviews of student visa refusals are decided on the papers without a hearing. That changes what a lawyer or agent actually does for you, and what to ask them.

Section 501 lawyer: what to check before you hire one

Character decisions under section 501 run on short, strict clocks. Here is what to check about a practitioner, what the 9-day window means for hiring, and which free services say they cover cancellations.

Costs and deadlines

ART application fee explained

The Administrative Review Tribunal charges A$3,727 to review most migration decisions, with different rules for protection and character reviews. The amounts, when they are paid and where the figures come from are set out below.

ART fee reduction for financial hardship

The ART can reduce the A$3,727 migration review fee by 50% if paying the full fee would cause financial hardship. You still have to pay at least half by the deadline, and a refusal of the request cannot be reviewed.

How the 28 days is counted

The 28 days runs from the day you are notified of the decision, not the date on the letter, and the notification day itself is not counted. How and when you are taken to be notified depends on how the Department gave you the document.

ART deadline in immigration detention

If you are in immigration detention on the day you are notified of a reviewable visa decision, the time to apply to the ART is 14 days, not 28. Older sources that say 7 days are out of date.

Can the ART extend the deadline?

For most visa refusals and cancellations, no. The Migration Act switches off the ART's power to extend time for migration and protection reviews. Some character reviews are treated differently.

How to apply to the ART

You can apply to the Administrative Review Tribunal online, which the ART calls the easiest and safest way, or by form, email, letter or in person. The application has to be properly made and the fee paid before the deadline.

What happens after you apply to the ART

After you apply, the Department sends the ART its decision and documents, and the ART may hold directions hearings before a hearing before a Tribunal member. You can give new information, and the original decision usually keeps operating while you wait.

ART hearings explained

An ART hearing is usually before one Tribunal member, can be in person, by video or by phone, and the Department does not send a representative in immigration cases. Student visa refusals are generally decided without a hearing.

ART decision outcomes explained

The ART can affirm a decision, vary it, or set it aside and either substitute a new decision or send the matter back to the Department. In migration reviews, sending a matter back is limited to prescribed matters.

How long ART reviews take

The ART reports that half of migration reviews finalised between 1 March and 31 August 2026 took 1 year and 5 months or less from lodgement. That describes past cases, and the ART calls it a guide only.

Notices and cancellations

Notice of intention to consider cancellation: what it is

A notice of intention to consider cancellation, often called a NOICC, is a written warning from Home Affairs that a visa may be cancelled, with a set time to respond. The Migration Act does not use that name, and the window depends on which power is being used.

Section 116 visa cancellation explained

Section 116 of the Migration Act is the general power to cancel a visa, for example where a condition was not complied with. Before using it, the Minister must give written notice and a chance to respond.

Student visa cancellation for course progress and attendance

A student visa holder can face a section 116 cancellation notice for breaching a visa condition, such as satisfactory course progress or attendance, or for work over the limit. The conditions and the process are described in general terms below.

Section 109 cancellation for incorrect information

Section 109 lets Home Affairs cancel a visa where the holder gave incorrect information or a bogus document. It can apply even if the error was not deliberate, and it starts with a written notice.

PIC 4020: false or misleading information in a visa application

Public interest criterion 4020 is a visa requirement about false or misleading information and bogus documents. Failing it can lead to a refusal and can affect later applications for 3 years, or 10 years for identity matters.

Section 57 notice of adverse information

A section 57 letter tells a visa applicant about adverse information that may be a reason for refusal, and invites comment. It is sometimes called a notice of intention to consider refusal; the Act does not use that name.

Character refusal and cancellation under section 501

Section 501 of the Migration Act lets the government refuse or cancel a visa if a person does not pass the character test. The review time limit can be as short as 9 days, so the date on the letter matters.

Mandatory cancellation under section 501(3A)

Section 501(3A) requires a visa to be cancelled when a person is serving a full-time prison sentence and fails the character test on certain grounds. The person can ask for the cancellation to be revoked, and the regulations allow 28 days after the notice and particulars are given.

What happens to your status after a visa cancellation

When a visa is cancelled, a person in Australia becomes an unlawful non-citizen on the cancellation itself, unless they hold another visa. The law then requires detention of unlawful non-citizens.

Guides and resources

Hiring help

Costs and deadlines

Notices and cancellations

Reviewability and next steps