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.

For migration and protection reviews under Part 5 of the Migration Act, the ART cannot extend the time limit. The ART's own page says: "We have no power to extend the time limit to apply for a review." The Act says the same thing in a technical way: section 347(5) states that the ART Act's power to extend time (section 19) "does not apply" to reviewable migration decisions or reviewable protection decisions.

That does not tell you what applies to a particular decision. Your decision letter states the time limit and whether the decision can be reviewed. Speak to a registered migration agent, Australian lawyer or free service about your own situation.

What the rule covers

The ART's practice direction for migration, protection and character matters repeats the 14-day (immigration detention) and 28-day limits and states: "The Tribunal cannot extend the time for filing an application". The ART also says that time limits are very strict and that applicants should check the Department of Home Affairs letter.

An application also has to be properly made, including payment of the fee. A note to section 348 of the Act says the ART has no jurisdiction to review a decision if the application is not properly made. The ART's caseload statistics group some finalised applications as "Other", which it says includes applications not made within a prescribed time limit and applications where the fee was not paid. See ART application fee explained.

Where extensions are different

Character-related decisions are not all treated the same way:

  • Expedited character reviews (for example a section 501 decision about a person in the migration zone): 9 days from notification, and the ART says it has no power to extend the time limit.
  • Non-expedited character reviews: the ART's page says people usually have 28 days and "you can apply to us to extend the time limit".
  • Citizenship reviews are a separate system and not covered here.

Source: ART, Immigration and citizenship (checked 16 October 2026)

The rules for non-expedited character reviews rest on the ART's page and the ART Act. We did not read the period prescribed by the ART Rules, so treat the 28-day figure there as the ART's statement, not something we confirmed independently. See character refusal and cancellation under section 501.

What an error in the notice does and does not do

Refusal notices must say whether the decision can be reviewed, the time for applying, who can apply and where. The Act also has a substantial compliance rule (section 494E): a notice that does not strictly comply still counts unless the failure causes, or is likely to cause, substantial prejudice. The Act's own example is a notice that wrongly gave 30 days instead of 28.

That is a narrow legal question about notices, not a general extension, and it is one for a registered migration agent or Australian lawyer. The count of days is covered in how the 28 days is counted.

Other legal routes after a missed deadline

Judicial review in the Federal Circuit and Family Court is a different process. It asks whether a decision-maker made a legal error, not whether the visa should be granted, and it has its own time limit. See judicial review after an ART decision. Reapplying for a visa may also be an option for some people; see reapplying after a visa refusal.

Whether any of these routes is open depends on the facts, which this site does not assess. We give general information, not legal advice or immigration assistance.

Where this came from

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