Visa refused? AAT appeal options 2026 deadlines, ART review and how an agent helps

The Legal Desk · Editorial team, family law + personal injury + migration · Updated 6 June 2026 · How we rank · Editorial standards

If your visa was refused, read the refusal letter first: it states your review rights and the deadline (usually 21 days from notification, sometimes less). Most onshore refusals can be taken to the Administrative Review Tribunal, which replaced the AAT on 14 October 2024. A MARA-registered migration agent can lodge in time and prepare your case; only a lawyer can later go to court.

★Key takeaways

  • ✓Read the refusal letter first: it states your review rights and deadline (usually 21 days, sometimes less).
  • ✓The AAT was replaced by the Administrative Review Tribunal (ART) on 14 October 2024.
  • ✓A MARA-registered agent or immigration lawyer can lodge the Tribunal application and prepare submissions.
  • ✓Only a lawyer can take a matter on to judicial review in the Federal Circuit and Family Court.
  • ✓482 visa holders generally have 60 days to find a new sponsor if their job ends.

Step 1: read the refusal letter and find your deadline

The single most important document is the refusal letter from the Department of Home Affairs. It sets out the reasons for refusal, whether you have a merits-review right, which Tribunal to apply to, and the exact deadline. For most onshore decisions you have 21 days from notification, but some decision types have shorter windows, and many offshore applicants have no merits-review right at all. The deadline runs from the date you are notified, not the date you act, so do not wait.

Step 2: understand the ART (the body that replaced the AAT)

On 14 October 2024 the Administrative Appeals Tribunal (AAT) was abolished and replaced by the Administrative Review Tribunal (ART). The ART now performs merits review of most visa refusals and cancellations. People still search for AAT appeal out of habit, but in 2026 the application you lodge is to the Administrative Review Tribunal. On review, the Tribunal can:

  • Affirm the decision (the refusal stands).
  • Vary the decision.
  • Set aside and substitute a new decision, or remit the matter back to the Department with directions to reconsider.

Step 3: weigh your options

Option When it applies Who can act
Merits review (ART)You have a review right stated in the refusal letter; within deadlineMigration agent or lawyer
Fresh applicationA new, stronger application is viable and you remain eligible to applyMigration agent or lawyer
Judicial review (FCFCOA)The Tribunal also refused and there is a legal error to argueLawyer only
Ministerial interventionUnique or compelling circumstances after Tribunal reviewMigration agent or lawyer

For the full walk-through of each pathway, see our visa refusal appeal process guide and what happens when your visa is refused.

The 60-day rule for 482 visa holders

A refusal is not the only time the clock matters. If you hold a subclass 482 employer-sponsored visa and your employment ends, you generally have 60 consecutive days to find a new approved sponsor or apply for a different visa before your visa is at risk. That window is separate from any appeal, but just as strict. Move on it the day your job ends.

How a migration agent helps with an appeal

  • Honest prospects assessment. A good agent will tell you if review is unlikely to succeed before you spend on it.
  • Lodging in time. They prepare and file the Tribunal application within your deadline.
  • Building the case. Identifying the decision's weaknesses, gathering new evidence and drafting submissions.
  • Hearing preparation. Preparing you and your witnesses for the Tribunal hearing.

Appeal fees typically run $5,000-$15,000 plus the Tribunal's own application fee. See migration agent fees by city and visa 2026 for the full fee picture, and migration agent vs immigration lawyer 2026 if your matter might end up in court.

Find an AAT/Tribunal appeal specialist near you

Appeals are time-critical, so start with a MARA-registered agent who handles refusals and Tribunal review. These are the city and suburb pages to begin with:

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Common questions

Visa refused and AAT appeals: frequently asked questions

My visa was refused. What is the first thing I should do?

Read the refusal letter immediately. It states your review rights and the exact deadline, which is usually 21 days from notification for onshore decisions but can be shorter. The clock starts when you are notified, not when you decide to act, so contact a MARA-registered migration agent or immigration lawyer straight away to assess your prospects and lodge in time.

What is the AAT now called?

The Administrative Appeals Tribunal (AAT) was abolished and replaced by the Administrative Review Tribunal (ART) on 14 October 2024. The ART now conducts merits review of most visa refusals and cancellations. Many people still search for AAT appeal, but the body you apply to in 2026 is the Administrative Review Tribunal.

How long do I have to appeal a visa refusal?

Most onshore visa refusals carry a review deadline of 21 days from when you are notified, though some decision types have shorter windows and offshore applicants often have no merits-review right at all. The deadline is stated in your refusal letter. Missing it almost always ends your review rights, so treat the date as immovable.

Can a migration agent help after my visa is refused?

Yes. A MARA-registered migration agent can review the refusal, advise whether review is worthwhile, lodge the Tribunal application within the deadline and prepare submissions and evidence. If the matter later proceeds to judicial review in the Federal Circuit and Family Court, you will need an immigration lawyer, because agents cannot appear in court.

What happens if my 482 employer-sponsored job ends?

If you hold a subclass 482 visa and your employment ends, you generally have 60 consecutive days to find a new approved sponsor or apply for a different visa before your visa is at risk of cancellation. This is separate from a refusal appeal, but the timeline is just as strict, so act immediately to avoid becoming unlawful.

How much does an AAT/Tribunal appeal cost?

Migration agent or lawyer fees for a Tribunal appeal typically run $5,000-$15,000 because the work is closer to litigation than a standard application. On top of that, the Administrative Review Tribunal charges its own application fee set by the Commonwealth. Get a written scope and fee estimate before you lodge.