We can review a range of migration and refugee decisions
If you have received a decision you don’t agree with, we might be able to help you with a review of your case. The Tribunal can review some, but not all, decisions about visas made by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.
Migration visa refusal or cancellation
What we can review
We can review decisions made under the Migration Act 1958 to refuse or cancel different types of visas. The Migration Act and the Migration Regulations 1994 specify what decisions we can review.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
We cannot:
- review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- review a decision if you are not entitled to apply for a review.
Please note that the information on this page is about the review of all visa and visa-related decisions, except for:
- decisions about protection (refugee) visas or protection findings,
- character-related visa decisions, and
- decisions to cancel business visas under section 134 of the Migration Act. (If you are seeking review of this type of decision and you are unsure of the application requirements, please contact us immediately).
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
If you cannot apply online, you can download and fill out one of the below forms and send it to us:
- M1 - For persons not in immigration detention
- M2 - For persons in immigration detention
- B1 - For decisions relating to conditions on a Subclass 070 (Bridging (Removal Pending)) visa.
Alternatively, you can ask us for a review by:
Check our contact details to apply for review at one of our registries or send your application by post or email.
When you apply for a review, you should give us a copy of the letter from the Department of Home Affairs notifying you of the decision, if you have it.
If you don’t have a copy of this letter, you must provide the following information in your application otherwise your application may not be valid and we may not be able to consider it:
- your full name
- your address and contact details
- the date of the decision (if known) and a description of the decision, and one or more of the following:
- your date of birth
- your country of birth
- your citizenship or nationality
- your passport number and country of issue.
In addition, if the decision relates to a visa application, and you are not the person who applied for the visa, you must provide:
- the visa applicant’s full name
- the visa applicant’s address and contact details, and one or more of the following for the visa applicant:
- their date of birth
- their country of birth
- their citizenship or nationality
- their passport number and country of issue.
Please also send us a copy of the decision if you have it.
If the following circumstances apply, we will automatically expedite your review where possible and you do not need to make a request:
- you are in immigration detention
- you have applied for a review of a visa cancellation
- your application has been remitted or returned from a court for the ART to reconsider.
We may also expedite your review where:
- your visa was refused on the basis that you did not meet one or more criteria, and
- you can provide documentary evidence that objectively demonstrates the criterion or criteria are now met. You can use the online form Request for expedited decision to provide this documentary evidence.
We try to complete our reviews within a reasonable time. You may ask us to expedite your review in writing, setting out why you think we should expedite the review and include any evidence to support the request.
We may consider it is appropriate to expedite your review depending on your circumstances. Examples of when we may consider it appropriate to expedite your review include where:
- expediting the review will result in a child under 18 years of age being reunited with a parent, guardian or carer
- you have been in a serious accident or have a mental or intellectual disability, disorder, disease, illness, or other vulnerability and it would be unreasonable to prolong the review process
- a long delay in the review process would result in the review applicant no longer being eligible for the visa applied for, even if the primary decision were to be set aside, or
- there are other exceptional circumstances.
When to apply
The time limits for applying for a review are very strict.
The time limit depends on the decision type and if you’re in immigration detention.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
We have no power to extend the time limit to apply for a review.
Fees
The application fee for a review of most migration decisions is $3,496.
There is no fee if you apply for review of:
- a bridging visa decision that resulted in a person being placed in immigration detention
- a refusal to grant a subclass 070 (Bridging (Removal Pending)) visa without one or more prescribed conditions.
Find out more information about fees, including:
- when to pay
- how to pay
- refunds
- fee reductions.
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also read the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
Yes. You can arrange for a registered migration agent, or an Australian lawyer who holds a practising certificate, to represent you. A close family member (your spouse, child, parent, brother or sister) or the person nominating or sponsoring you can also represent you.
Only a registered migration agent or Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you. We cannot pay for any of these costs.
If you want immigration advice or someone to represent you, it is best to organise this as soon as possible.
A representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- request access to documents relating to the review
- attend the hearing with you.
You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient.
If you appoint a representative in relation to your review, we will assume you are authorising that person to receive correspondence/documents on your behalf.
To appoint a representative or authorised recipient, you must provide us with their details.
If you have already applied for review and wish to appoint a new representative or authorised recipient, complete the appointment of representative and/or authorised recipient form.
You must tell us immediately if there are any changes to your representative’s or authorised recipient's details.
Use the change of contact details form to:
- cancel your representative’s authority to act on your behalf
- stop a person receiving correspondence on your behalf
- change the contact details of your representative or the person receiving correspondence on your behalf.
We will continue to give documents about your review to a representative or authorised recipient until you tell us not to.
If you are not happy with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.
If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority.
If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.
We can help you understand our review process, but we cannot give you advice about your case.
There are professional people (for example, registered migration agents) and other organisations that can help you with your review. Check our list for details of some of the help available by state or territory.
You may also be able to receive free legal help from a refugee and immigration legal assistance provider if you are applying for review of a protection visa.
We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try to help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
You, your family or friends may need other types of support.
Help for migrants and refugees
- Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
- Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
Protection visa refusal or cancellation
What we can review
We can review decisions made under the Migration Act 1958 to refuse or cancel protection visas. We can also review decisions made under section 197D of the Migration Act that a protection finding would no longer be made about a person.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
If your decision letter from the Department of Home Affairs states that your decision has been referred to the ART for review, you do not need to apply separately. We will contact you shortly about your review.
We cannot:
- review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- review a decision if you are not entitled to apply for a review.
Please note that the information on this page is about the review of decisions relating to protection visas, except for decisions to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C), or 36(2C) of the Migration Act.
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
The person applying for review must be:
- the visa applicant if a protection visa has been refused
- the former visa holder if a protection visa has been cancelled, or
- the person who is the subject of a decision made under section 197D of the Migration Act that a protection finding would no longer be made.
If you cannot apply online, you can download and fill out the R1 - refugee application form and send it to us.
Alternatively, you can ask us for a review by:
Check our contact details to apply for review at one of our registries or send your application by post, email or fax.
When you apply for a review, you should give us a copy of the letter from the Department of Home Affairs notifying you of the decision, if you have it.
If you don’t have a copy of this letter, you must provide the following information in your application otherwise your application may not be valid, and we may not be able to consider it:
- your full name
- the date of the decision (if known) and a description of the decision, and one or more of the following:
- your date of birth
- your country of birth
- your citizenship or nationality
- your passport number and country of issue.
If the following circumstances apply, we will automatically expedite your review where possible and you do not need to make a request:
- you are in immigration detention
- you have applied for a review of a visa cancellation
- your application has been remitted or returned from a court for the ART to reconsider.
We may also expedite your review where:
- your visa was refused on the basis that you did not meet one or more criteria, and
- you can provide documentary evidence that objectively demonstrates the criterion or criteria are now met. You can use the online form Request for expedited decision to provide this documentary evidence.
We try to complete our reviews within a reasonable time. You may ask us to expedite your review in writing, setting out why you think we should expedite the review and include any evidence to support the request.
We may consider it is appropriate to expedite your review depending on your circumstances. Examples of when we may consider it appropriate to expedite your review include where:
- expediting the review will result in a child under 18 years of age being reunited with a parent, guardian or carer
- you have been in a serious accident or have a mental or intellectual disability, disorder, disease, illness, or other vulnerability and it would be unreasonable to prolong the review process
- a long delay in the review process would result in the review applicant no longer being eligible for the visa applied for, even if the primary decision were to be set aside, or
- there are other exceptional circumstances.
When to apply
The time limit to apply for a review are very strict. The time limit depends on the decision type and if you’re in immigration detention.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
We have no power to extend the time limit to apply for a review.
Fees
You do not have to pay a fee at the time you apply for review of:
- a decision to refuse or cancel a protection visa
- a decision made under section 197D of the Migration Act that a protection finding would no longer be made about a person.
If your review is not successful, you must pay a fee of $2,151 within 7 days after getting an invoice from us.
To pay the fee, follow the instructions on the invoice and letter sent by us.
If you have any questions about the fee, you should contact us using the contact details provided in the invoice.
If the original decision was referred to us for review
Regardless of the review outcome, you do not have to pay a fee if the Department of Home Affairs referred your decision to the ART for review (or if the department referred your decision to the Immigration Assessment Authority (IAA) for review prior to its closure on 14 October 2024).
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also read the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
Yes. You can arrange for a registered migration agent, or an Australian lawyer who holds a practising certificate, to represent you. A close family member (your spouse, child, parent, brother or sister) or the person nominating or sponsoring you can also represent you.
Only a registered migration agent or Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you. We cannot pay for any of these costs.
If you want immigration advice or someone to represent you, it is best to organise this as soon as possible.
A representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- request access to documents relating to the review
- attend a hearing with you.
You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient.
If you appoint a representative in relation to your review, we will assume you are authorising that person to receive correspondence/documents on your behalf.
To appoint a representative or authorised recipient, you must provide us with their details.
If you have already applied for review and wish to appoint a new representative or authorised recipient, complete the appointment of representative and/or authorised recipient form.
You must tell us immediately if there are any changes to your representative’s or authorised recipient's details.
Use the change of contact details form to:
- cancel your representative’s authority to act on your behalf
- stop a person receiving correspondence on your behalf
- change the contact details of your representative or the person receiving correspondence on your behalf.
We will continue to give documents about your review to a representative or authorised recipient until you tell us not to.
If you are not happy with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.
If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority.
If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.
We can help you understand our review process, but we cannot give you advice about your case.
We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.
There are professional people (for example, registered migration agents) and other organisations that can help you with your review. Check our list for some of the help available by state or territory.
You may also be able to receive free legal help from a refugee and immigration legal assistance provider if you are applying for review of a protection visa.
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
You, your family or friends may need other types of support.
Help for migrants and refugees
- Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
- Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
Australian citizenship refusal or cancellation
What we can review
We can review a decision made by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration to:
- refuse to approve a person becoming an Australian citizen
- cancel an approval given to a person to become an Australian citizen
- refuse to approve a person becoming an Australian citizen again
- refuse to approve a person renouncing his or her Australian citizenship
- refuse to give a person a notice stating that the person is an Australian citizen at a particular time
- revoke a person’s Australian citizenship.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
If you cannot apply online, you can download and fill out an application form and send it to us.
Alternatively, you can ask us for a review by:
- calling 1800 228 333
- emailing reviews@art.gov.au
- sending a letter
- visiting a Tribunal office.
Check our contact details to apply for review at one of our registries or send your application by post, email or fax.
When you apply for a review, we need:
- your name, postal address, telephone number and email address
- the date you received the decision
- a copy of the decision
- reasons why you think the decision is wrong.
If you cannot send us a copy of the decision, then include:
- the name of the department that made the decision
- a brief description of the decision
- the date the decision was made.
When to apply
Usually, you must apply for review within 28 days after being notified from the Department of Home Affairs of the decision.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
Extending the time to apply for review
If you want to extend the time to apply for review, you must ask us in writing and include reasons why the application is late. You can do this:
- when you lodge your application for review online
- by filling in an application for extension of time form and sending it to us with the application for review of decision form
- by writing an email or letter
Check our contact details to lodge the application at one of our registries, or send the application by post, email or fax.
We will send a copy of your extension request to the Department of Home Affairs. The Department of Home Affairs has 14 days to tell us if they do not agree.
If they do not oppose the request for more time, we will generally decide without holding a hearing. If they disagree with providing more time, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at our office.
We will only start the review if we decide to extend the time limit.
Fees
The standard review fee is $1,121.
You should pay the fee when you lodge the application. We will not start the review until you pay the fee. The application might be dismissed if you do not pay the fee within 6 weeks of lodging the application.
Find out more information about fees, including:
- when to pay
- how to pay
- refunds
- fee reductions.
Review process
We will send you a letter to confirm that we have received the application and explain what will happen next. We will also notify the Department of Home Affairs that the application has been received.
Our letter will information about the next steps in the case.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also look at the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes. You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
The Attorney-General's Department might be able to help with some of the costs of preparing for the review.
Find more information about receiving financial assistance by checking the Attorney-General's Department fact sheet:
- Legal financial assistance information sheet (PDF, 201 KB)
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
Character-related visa refusal or cancellation
What we can review
We can review decisions made under the Migration Act 1958 to:
- to refuse or cancel any type of visa, including a protection visa, on character grounds under section 501
- to not revoke the mandatory cancellation of your visa on character grounds under section 501CA
- to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C).
Character-related reviews usually involve decisions where the Department of Home Affairs has determined that a person has not passed the character conditions needed to be given or to keep a visa.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
Expedited reviews
Your review will be an expedited review if your decision from the Department of Home Affairs was made under section 501 or 501CA of the Migration Act and you were in Australia when the decision was made. This means that we will make a decision within 84 days of the date you were notified of the decision by the Department of Home Affairs. Special rules apply to expedited reviews.
If your decision from the Department of Home Affairs relates to a protection visa, or you were offshore (not in Australia) when the decision was made, or your case has been remitted to the Tribunal by a court, your review will be a non-expedited review.
We cannot:
- review a decision under section 501 or 501CA made by the Minister personally
- review the mandatory cancellation of a visa under section 501(3A) of the Migration Act: you must first apply to the Department for revocation of the mandatory cancellation.
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
Find out more about using our online services.
You can download and fill in an application form and send it to us.
Alternatively, you can ask us for a review by:
- calling us on 1800 228 333
- emailing reviews@art.gov.au
- sending us a letter
- visiting a Tribunal office.
If you want to lodge an application in person at one of our registries, or by post, email or fax, check our contact details.
When you apply for a review, we need:
- your name, postal address, telephone number and email address
- the date you received the decision
- a copy of the decision
- reasons why you think the decision is wrong.
- For expedited reviews, one of the 2 sets of documents you were given when the Department of Home Affairs notified you of the Minister’s decision.
If you cannot send us a copy of the decision, then include:
- the name of the department that made the decision
- a brief description of the decision
- the date the decision was made.
When to apply
The time limits for applying for a review are very strict and are included in the letter that accompanied your decision from the Department of Home Affairs.
Expedited reviews
For expedited reviews, you must apply for review within 9 days after being notified from the Department of Home Affairs of the decision.
The AAT has no power to extend the time limit for an expedited review.
Non-expedited reviews
For non-expedited reviews, you usually have 28 days after being notified of the decision by the Department of Home Affairs to apply to the Tribunal.
You can apply to us to extend the time limit to lodge an application for a non-expedited review.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
Fees
The standard review fee is $1,121.
You should pay the fee when you lodge the application. We will not start the review until you pay the fee. The review might be dismissed if you do not pay the fee within 6 weeks of lodging the application.
Find out more information about fees, including:
- when to pay
- how to pay
- refunds
- fee reductions.
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also look at the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
If you are not happy with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.
If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority.
If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.
The Attorney-General's Department might be able to help with some of the costs of preparing for the review.
Find more information about receiving financial assistance by checking the Attorney-General's Department fact sheets:
We can help you understand our review process, but we cannot give you advice about your case.
We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.
There are professional people (for example, registered migration agents) and other organisations that can help you with your review.
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
You, your family or friends may need other types of support.
Help for migrants and refugees
- Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
- Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
Nomination refusal
What we can review
We can review decisions made under the Migration Act 1958 to refuse to approve a nomination of an occupation, activity or position.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
We cannot:
- review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- review a decision if you are not entitled to apply for a review.
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
If you cannot apply online, you can download and fill out the M1 - For persons not in immigration detention form and send it to us.
Alternatively, you can ask us for a review by:
Check our contact details to apply for review at one of our registries or send your application by post or email.
When you apply for a review, you should give us a copy of the letter from the Department of Home Affairs notifying you of the decision, if you have it.
If you don’t have a copy of this letter, you must provide the information below in your application otherwise your application may not be valid and we may not be able to consider it.
If you are an individual person:
- your full name
- your address and contact details
- the date of the decision (if known) and a description of the decision, and one or more of the following:
- your date of birth
- your country of birth
- your citizenship or nationality
- your passport number and country of issue
If you are an organisation:
- the organisation’s name
- the trading name (if any and it is different than the organisation’s name)
- the ABN or CAN
- the business address
- the name, position and contact details of a contact person for the organisation
- the date of the decision (if known) and a description of the decision
In addition, if the decision relates to a visa application and you are not the person who applied for the visa, you must provide:
- the visa applicant’s full name
- the visa applicant’s address and contact details, and one or more of the following for the visa applicant:
- their date of birth
- their country of birth
- their citizenship or nationality
- their passport number and country of issue.
Please send us a copy of the decision if you have it.
If the following circumstances apply, we will automatically expedite your review where possible and you do not need to make a request:
- you are in immigration detention
- you have applied for a review of a visa cancellation
- your application has been remitted or returned from a court for the ART to reconsider.
We may also expedite your review where:
- your visa was refused on the basis that you did not meet one or more criteria, and
- you can provide documentary evidence that objectively demonstrates the criterion or criteria are now met. You can use the online form Request for expedited decision to provide this documentary evidence.
We try to complete our reviews within a reasonable time. You may ask us to expedite your review in writing, setting out why you think we should expedite the review and include any evidence to support the request.
We may consider it is appropriate to expedite your review depending on your circumstances. Examples of when we may consider it appropriate to expedite your review include where:
- expediting the review will result in a child under 18 years of age being reunited with a parent, guardian or carer
- you have been in a serious accident or have a mental or intellectual disability, disorder, disease, illness, or other vulnerability and it would be unreasonable to prolong the review process
- a long delay in the review process would result in the review applicant no longer being eligible for the visa applied for, even if the primary decision were to be set aside, or
- there are other exceptional circumstances.
When to apply
The time limits for applying for a review are very strict.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
We have no power to extend the time limit to apply for a review.
Fees
The standard application fee for a review of most migration decisions is $3,496.
Find out more information about fees, including:
- when to pay
- how to pay
- refunds.
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also look at the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
Yes. You can arrange for a registered migration agent, or an Australian lawyer who holds a practicing certificate, to represent you.
Only a registered migration agent or Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you. We cannot pay for any of these costs.
If you want immigration advice or someone to represent you, it is best to organise this as soon as possible.
A representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- request access to documents relating to the review
- attend the hearing with you
You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient. If you appoint a representative in relation to your review, we will assume you are authorising that person to receive correspondence/documents on your behalf.
To appoint a representative or authorised recipient, you must provide us with their details.
If you have already applied for review and wish to appoint a new representative or authorised recipient, complete the appointment of representative and/or authorised recipient form.
You must tell us immediately if there are any changes to your representative’s or authorised recipient's details.
Use the change of contact details form to:
- cancel your representative’s authority to act on your behalf
- stop a person receiving correspondence on your behalf
- change the contact details of your representative or the person receiving correspondence on your behalf.
We will continue to give documents about your review to a representative or authorised recipient until you tell us not to.
If you are not happy with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.
If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority.
If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.
We can help you understand our review process, but we cannot give you advice about your case.
We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.
There are professional people (for example, registered migration agents) and other organisations that can help you with your review. Check our list for some of the help available by state or territory.
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
You, your family or friends may need other types of support.
Help for migrants and refugees
- Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
- Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
Sponsorship
What we can review
We can review decisions made under the Migration Act 1958 to bar, refuse to approve or cancel the approval of a sponsor.
Your decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
If you do not recognise the type of decision you want reviewed, please contact us for help.
We cannot:
- review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- review a decision if you are not entitled to apply for a review.
How to apply
Strict time limits apply when applying for a review.
The easiest and safest way to apply for a review is online.
To apply online, you will need a valid email address and information about the decision you want us to review. If you apply online:
- you can give us documents or information at any time during the review
- receive an automatic confirmation of all documents you have given to us
- view and copy documents that you have previously given to us.
If you cannot apply online, you can download and fill out the M1 - For persons not in immigration detention form and send it to us.
Alternatively, you can ask us for a review by:
Check our contact details to apply for review at one of our registries or send your application by post or email.
When you apply for a review, you should give us a copy of the letter from the Department of Home Affairs notifying you of the decision, if you have it.
If you don’t have a copy of this letter, you must provide the information below in your application otherwise your application may not be valid and we may not be able to consider it.
If you are an individual person:
- your full name
- your address and contact details
- the date of the decision (if known) and a description of the decision, and one or more of the following:
- your date of birth
- your country of birth
- your citizenship or nationality
- your passport number and country of issue.
If you are an organisation:
- the organisation’s name
- the trading name (if any and it is different than the organisation’s name)
- the ABN or CAN
- the business address
- the name, position and contact details of a contact person for the organisation
- the date of the decision (if known) and a description of the decision.
If the decision relates to an application for a visa
In addition to the information above, if the decision relates to an application for a visa, you must provide the following details:
- the visa applicant’s full name
- the visa applicant’s address and contact details, and one or more of the following for the visa applicant:
- their date of birth
- their country of birth
- their citizenship or nationality
- their passport number and country of issue.
If the following circumstances apply, we will automatically expedite your review where possible and you do not need to make a request:
- you are in immigration detention
- you have applied for a review of a visa cancellation
- your application has been remitted or returned from a court for the ART to reconsider.
We may also expedite your review where:
- your visa was refused on the basis that you did not meet one or more criteria, and
- you can provide documentary evidence that objectively demonstrates the criterion or criteria are now met. You can use the online form Request for expedited decision to provide this documentary evidence.
We try to complete our reviews within a reasonable time. You may ask us to expedite your review in writing, setting out why you think we should expedite the review and include any evidence to support the request.
We may consider it is appropriate to expedite your review depending on your circumstances. Examples of when we may consider it appropriate to expedite your review include where:
- expediting the review will result in a child under 18 years of age being reunited with a parent, guardian or carer
- you have been in a serious accident or have a mental or intellectual disability, disorder, disease, illness, or other vulnerability and it would be unreasonable to prolong the review process
- a long delay in the review process would result in the review applicant no longer being eligible for the visa applied for, even if the primary decision were to be set aside, or
- there are other exceptional circumstances.
When to apply
The time limits for applying for a review are very strict.
You should check the Department of Home Affairs decision letter to find out what the time limit is.
We have no power to extend the time limit to apply for a review.
Fees
The application fee for a review of most migration decisions is $3,496.
There is no fee if you apply for review of a bridging visa decision that resulted in a person being placed in immigration detention.
Find out more information about fees, including:
- when to pay
- how to pay
- refunds
- fee reductions.
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify the Department of Home Affairs that we have received the application.
You can find out what usually happens next in the After applying section.
You can also look at the Migration, Protection and Character Practice Direction [PDF, 319 KB] for further detail.
Getting help for your review
It is important to us that you can fully take part in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
Only a registered migration agent or Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you. We cannot pay for any of these costs.
If you want immigration advice or someone to represent you, it is best to organise this as soon as possible.
A representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- request access to documents relating to the review
- attend the hearing with you
You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient. If you appoint a representative in relation to your review, we will assume you are authorising that person to receive correspondence/documents on your behalf.
A representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- request access to documents relating to the review
- attend the hearing with you
You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient. If you appoint a representative in relation to your review, we will assume you are authorising that person to receive correspondence/documents on your behalf.
To appoint a representative or authorised recipient, you must provide us with their details.
If you have already applied for review and wish to appoint a new representative or authorised recipient, complete the appointment of representative and/or authorised recipient form.
You must tell us immediately if there are any changes to your representative’s or authorised recipient's details.
Use the change of contact details form to:
- cancel your representative’s authority to act on your behalf
- stop a person receiving correspondence on your behalf
- change the contact details of your representative or the person receiving correspondence on your behalf.
We will continue to give documents about your review to a representative or authorised recipient until you tell us not to.
If you are not happy with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.
If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority.
If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.
We can help you understand our review process, but we cannot give you advice about your case.
We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.
There are professional people (for example, registered migration agents) and other organisations that can help you with your review.
Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.
For immediate assistance in your language, please contact the Translating and Interpreting Service (TIS) on 131 450.
Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
You, your family or friends may need other types of support.
Help for migrants and refugees
- Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
- Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276
The below organisations provide help to people in need.
- Lifeline – provides 24-hour crisis support and suicide prevention services. Phone: 13 11 14
- 1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Phone: 1800 737 732
Please refer to further information about mental health services.
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