If you are searching for how to appeal to the AAT, that tribunal no longer exists. It was abolished on 14 October 2024 and replaced — along with the Immigration Assessment Authority — by the Administrative Review Tribunal.
The practical process is similar. The name, the forms and some of the deadlines are not.
First: check whether you have review rights at all
Not every refusal is reviewable. You can only appeal if your refusal letter confirms review rights.
The letter will state whether a decision is reviewable, which tribunal handles it, and the deadline. If it does not confirm review rights, an appeal is not available and the realistic options are a fresh application or, in narrow circumstances, judicial review.
Read the letter before doing anything else. Everything below depends on what it says.
The deadlines are absolute, and they are split
This is where people lose their rights.
| Circumstance | Deadline |
|---|---|
| In immigration detention | 14 days |
| Not detained | 28 days |
| Many onshore partner, student and skilled refusals | 21 days |
In 2026 the position is split. The correct deadline depends on the visa subclass and where you were when the decision was made. There is no single answer that covers everyone, which is precisely why generic advice is dangerous here.
Your refusal letter states your deadline. That is the binding figure — not this table, and not any other website's.
Missing it removes your review rights permanently. In most cases there is no extension and no discretion. This is a harder rule than most countries apply: Schengen appeals also have strict deadlines, but Australia's are shorter and the consequence of missing one is more absolute.
What the ART can review
- Protection visa decisions
- General visa applications — visitor, student, partner, family, business and skilled
- Decisions not to revoke a cancellation on character grounds
The tribunal conducts merits review, meaning it reconsiders the decision afresh rather than only checking whether the original process was lawful. New evidence can generally be presented — which is the main reason review is worth pursuing where a refusal turned on evidence that was missing or misunderstood.
A further change is coming
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 passed both Houses on 5 February 2026 and received Royal Assent on 9 February 2026. It commences on a date to be proclaimed, or automatically by 10 August 2026.
Separately, 2026 reforms remove hearings for certain categories of visa review — meaning some cases will be decided on the papers rather than at a hearing.
If your matter falls near that commencement date, confirm the current position with the ART or a registered migration agent. This page will be updated when the changes take effect.
Appeal or reapply?
The same judgement as Schengen and Canada:
Review when the decision was wrong on the material before it, or when you have evidence that was not previously considered — merits review allows new evidence, which is a genuine advantage.
Reapply when the refusal was reasonable on what you submitted and you can now submit something materially better. Bear in mind that reapplying may not be available for some onshore subclasses because of section 48 bars, which is a significant difference from most other countries.
That last point matters: in Australia, "just apply again" is sometimes not an option, and it may be the deciding factor in whether you use the review window.
Getting help
Australia regulates immigration assistance. Advice for a fee should come from a registered migration agent or an Australian legal practitioner. You can verify registration on the public register before engaging anyone.
Given the deadlines, engaging someone in the first few days rather than the final week is the difference between a considered application and a rushed one.
What applicants told us
[Contributed accounts — ART processing times since the 2024 transition are barely documented anywhere.]
Frequently asked questions
Does the AAT still exist? No. It was abolished on 14 October 2024 and replaced by the Administrative Review Tribunal, which also absorbed the Immigration Assessment Authority.
How long do I have to appeal an Australian visa refusal? It depends on your circumstances — 14 days in immigration detention, 28 days if not detained, and 21 days for many onshore partner, student and skilled refusals. Your refusal letter states the binding deadline.
Can the deadline be extended? In most cases no. Missing it removes your review rights permanently.
Can I appeal any visa refusal? No. Only where your refusal letter confirms review rights.
Can I submit new evidence? Generally yes. The ART conducts merits review, reconsidering the decision afresh rather than only reviewing the original process.
Should I appeal or just reapply? Reapplying is not always available — section 48 bars can prevent a further onshore application. Check that before letting a review deadline pass.
Who can advise me for a fee? A registered migration agent or an Australian legal practitioner. Registration can be verified on the public register.
Official sources
- Administrative Review Tribunal
- Department of Home Affairs — Visa refusal and cancellation
- Office of the Migration Agents Registration Authority
Verified 29 July 2026. Further ART changes commence by 10 August 2026. Your refusal letter is the authoritative source for your deadline and review rights.