Which visa refusals can the ART review?
The Administrative Review Tribunal can review some visa refusals and cancellations, not all of them. Section 338 of the Migration Act sets out which ones, and your decision letter should say whether yours is covered.
Only some visa decisions can go to the ART. The default rule in the Migration Act is that a decision is not reviewable unless section 338 says it is. Your decision letter from the Department of Home Affairs is where you find out whether yours is covered.
The ART says the same thing on its own website: the Home Affairs decision letter "will tell you if we can review the decision and if you are a person who can apply for a review." This guide explains the general rules behind that sentence. It cannot tell you whether your own decision is reviewable.
The starting rule and three exceptions
Section 338(1) says a decision is a reviewable migration decision only if the section so provides. Even then, three kinds of decision are left out: decisions covered by a conclusive certificate issued by the Minister, protection visa decisions (which are handled under a separate section, 338A), and decisions about temporary safe haven visas.
A conclusive certificate is the Minister's way of removing review. When one is issued, section 348(2) says the ART must not review the decision or continue to review it.
The main situations section 338 lists
| Type of decision | What section 338 says in general |
|---|---|
| Refusal of a visa applied for in Australia | Reviewable if the visa could be granted while the person is in Australia, the application was made in Australia, and the decision was not made in immigration clearance (s 338(2)). |
| Cancellation of a visa held by someone in Australia | Reviewable, except for listed types such as cancellations made in immigration clearance, some cancellations under ss 133A, 133C, 134 and 501, and some made personally by the Minister (s 338(3)). |
| Bridging visa refusals and cancellations | Reviewable only where the person is in immigration detention because of the decision, plus certain subclass 070 decisions (s 338(4)). |
| Refusal of an offshore-only visa | Reviewable where a visa criterion required sponsorship or nomination by an Australian citizen, a company or partnership operating in Australia, a permanent visa holder or a New Zealand citizen on a special category visa (s 338(5)). |
| Offshore refusals tied to Australian relatives | Reviewable where a criterion is that the applicant intends to visit a close relative who is an Australian citizen or permanent resident, or has been an Australian permanent resident and has such a relative (s 338(6) and (7)). |
| Permanent visa applied for from overseas | Reviewable if the visa can be granted either in or outside Australia (s 338(7A)). |
| Other decisions named in the regulations | Section 338(9) lets the regulations add more. The ART says it reviews some nomination and sponsorship decisions. |
Source: Migration Act 1958, s 338, as read on 16 October 2026. Which temporary visa kinds and which other decisions are named in the regulations was not checked for this page.
Who applies depends on the type of decision
For onshore refusals and cancellations, only the non-citizen can apply, and they must be physically in Australia when they apply. For the offshore sponsored or nominated refusals in section 338(5), the sponsor or nominator applies. For section 338(6) and (7), it is the Australian relative. The offshore refusals guide goes through this in more detail.
Decisions that go somewhere else
Character decisions under section 501 are reviewed through a separate route. The ART will not review a section 501 or 501CA decision made by the Minister personally, and it will not review a mandatory cancellation under section 501(3A): the ART says you must first ask the Department for revocation. See character refusal and cancellation under section 501.
Protection visa decisions are reviewed under section 338A, with their own exceptions. See protection visa refusals: where to get help.
What your letter must say
Where there is a right of review, section 66(2) of the Migration Act requires a refusal notice to say that the decision can be reviewed, the time in which an application may be made, who can apply, and where. For reviewable migration decisions the time limit is 28 days after you are notified, or 14 days if you were in immigration detention on the day you were notified. The ART cannot extend it. The 28-day deadline article explains how it works.
Not sure what your letter is telling you? Start with what your decision letter states, and look at free and low-cost help.
The table above is a map of the law, not a ruling on any decision, and this site does not give legal advice or immigration assistance. Whether a particular decision can be reviewed, and by when, is stated in its decision letter, which a registered migration agent or Australian lawyer can read with you.
Where this came from
- Migration Act 1958, Part 5 (ss 338, 338A, 339, 347A, 348) (checked 16 October 2026).
- ART, Immigration and citizenship (checked 16 October 2026).