Australian visa decisions: compare the routes before taking the next step
A visa refusal, cancellation, revocation invitation and citizenship decision can require different action. Compare the routes and current fees below, gather the complete notice, then get qualified advice on your actual deadline and visa status.
Key points
- Identify the exact decision, statutory section, decision-maker and person entitled to apply. Not every refusal or cancellation is reviewable by the ART.
- Part 5 migration/protection reviews ordinarily have 14 days after notification for an applicant detained that day, or 28 days otherwise. Other review routes have different clocks and extension rules.
- A mandatory character-cancellation revocation request is different from an ART review of a later refusal to revoke. Do not confuse the 28-day representations period with the qualified nine-day ART period.
- Check current visa status and conditions separately. A new application, review, enquiry or private booking does not automatically grant a bridging visa, work rights or travel permission.
- Compare government fees and relief with private costs. Some official or community services may help for free, depending on the matter, eligibility and capacity.
- Individual visa eligibility, review rights and deadlines need qualified assessment. The free AI line gives general information; the optional AUD$295 consultation arrangement does not include filing or representation.
If a visa has been refused or cancelled, you have a revocation invitation, or someone is detained, keep the complete notice and seek qualified advice promptly. Some decisions can be reviewed by the ART; others have different routes. The decision, applicant, location and lawful notification determine the deadline. A consultation or enquiry does not lodge a review or extend a visa. Use the route, fee and document comparisons below to prepare.
Checked on 23 October 2026: selected current Commonwealth legislation, ART and federal court guidance, official help directories, and the Australian consultation offer and terms linked below. Sources and limits of this check.
Start with the document you have
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| Situation | First practical step | Do not assume |
|---|---|---|
| Planning an application or approaching visa expiry | Keep the grant notice, conditions, passport and available VEVO record; obtain advice on a valid application and status. | That paying a charge or booking advice creates a valid application or extends permission to stay. |
| Visa refusal or cancellation | Keep the full decision, reasons, review-rights page and notification evidence. | That every decision has ART review, the visa applicant is always the right applicant, or every clock starts when you read the letter. |
| Mandatory cancellation and an invitation to seek revocation | Identify section 501CA and the date the notice and particulars were given; obtain urgent advice on representations. | That this is already the later nine-day ART application or that revocation is guaranteed. |
| Citizenship decision, court judgment or detention/removal urgency | Identify the decision or order and get prompt advice on the appropriate remedy and any urgent interim action. | That all immigration, citizenship and court appeals share one deadline or that filing automatically prevents removal. |
This is a national overview of selected Commonwealth visa and review rules. Particular visa subclasses, citizenship eligibility, legacy matters, nomination programs, transitional rules and court appeals require separate checking. State nomination is distinct from the Commonwealth visa decision.
Check status and conditions separately from a review
Most non-citizens need a visa to enter or remain in Australia, but the Migration Act contains exceptions and different travel, entry and residence rules. The visa class, grant notice and current conditions matter. Illustrative streams include family, skilled, student, visitor and protection visas; this list does not establish eligibility or that an application pathway is open.
VEVO can show available current visa details and conditions. It does not establish Australian citizenship, and some older arrivals may not have a searchable record. Keep the grant notice and any later cancellation or review correspondence as well.
A valid application requires more than completing a form or paying a charge. Statutory bars and prescribed requirements can apply, including restrictions on some further onshore applications after refusal or cancellation. A bridging visa is not automatic; ask specifically about lawful stay, work and travel while any application or review is pending.
If detained or facing removal, tell the lawyer immediately and preserve all decision, notification and travel/removal documents. Detention powers and legal limits require individual assessment. Do not infer a right to release or continued stay from this overview, or delay urgent help while waiting for a private appointment.
Compare the review route before counting days
The ART immigration and citizenship guide distinguishes migration, protection, character and citizenship decisions. Under Migration Act sections 338, 338A and 347A, reviewability, who may apply and location requirements can differ. In some cases the entitled applicant is a sponsor, nominator or relative. Keep the whole decision and obtain advice immediately.
Notification may involve a prescribed method, an authorised recipient and statutory deeming rules. Record both the document date and how and when it was delivered; do not replace legal notification analysis with the day you happened to open it. If the notice and general guidance appear inconsistent, seek urgent clarification.
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| Route | Rule to check | Qualification |
|---|---|---|
| Part 5 reviewable migration or protection decision | Section 347: within 14 days after the notification day if the applicant is in immigration detention that day; otherwise 28 days after that day. | The decision and applicant must qualify. Required information, documents and any fee matter. The ART cannot extend this period under section 19. |
| Reviewable delegate character decision under s501, or non-revocation under s501CA(4), relating to a person in the migration zone | Section 500(6B): within 9 days after notification in accordance with section 501G(1). | The expedited route has no ART extension power. Personal minister decisions and mandatory s501(3A) cancellation are not directly reviewable through this route. |
| Representations seeking revocation after mandatory s501(3A) cancellation | Section 501CA and regulation 2.52: within 28 days after the notice and relevant particulars are given. | This is a request to the Minister/Department, not the later ART review. Written representations and supporting-document requirements apply. |
| Reviewable citizenship and ordinary/non-expedited character decisions | Ordinarily 28 days after written notice, with specific statement-of-reasons alternatives under ART Rules section 5. | Review rights and exceptions must be checked. The ART may extend time where legally available and reasonable; permission is not automatic. |
| Original judicial review in FCFCOA Division 2 under Migration Act s476 | Section 477: within 35 days of the statutorily defined date of the migration decision. | Written extension applications require the administration-of-justice test. This is not the deadline for every court appeal or every federal court route. |
Sources: Migration Act sections 347, 347A, 477, 500, 501CA and 501G, Migration Regulations 2.52, ART Act sections 18–19, ART Rules section 5 and Citizenship Act section 52. These examples do not calculate notification, holidays, eligibility or a final filing date for an individual case. An enquiry, request for advice or intended application does not preserve a deadline.
ART review and judicial review do different jobs
Where available, merits review lets the ART reconsider the relevant decision under its statutory powers. Judicial review concerns legal or jurisdictional error within the court’s jurisdiction. Disagreeing with the outcome does not itself establish such an error.
The Federal Circuit and Family Court migration guide explains that the Court can review some migration decisions. The FCFCOA, Federal Court and High Court have different jurisdictional rules; they are not interchangeable. Missing an ART deadline does not automatically create a court workaround: section 476 excludes specified primary decisions, including some that would have been reviewable if an application had been made in time.
For the section 477 route, the defined decision date can include particular ART deemed-date rules or the date of written notice. The clock can run despite invalidity or notification noncompliance. An extension is discretionary and requires a written explanation; do not wait to see whether extra time will be granted.
The Court’s FAQ identifies an Application–Migration Act and supporting affidavit, including the decision and reasons, ordinarily filed through eLodgment. Filing charges, hearing charges and possible adverse costs are separate. Attend notified hearings unless excused by the Court. Obtain advice about the correct forum, service, any urgent interim relief and actual visa status; this is not a complete court-filing guide.
Current review fees and possible relief
The following Australian-dollar amounts were checked against the official 1 July 2026 fee notice, ART fee guidance and Court fee table. Government fees are separate from a lawyer’s fees and Legal Hotline’s optional booking and arrangement fee.
A reduced fee depends on the applicable rules and evidence. Do not assume a concession card produces the standard ART $100 fee for a Part 5 migration review, or that asking for relief permits you to miss the application deadline.
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| Review or filing | Current amount | Relief and timing |
|---|---|---|
| Fee-paying Part 5 migration ART review | AUD$3,727. | Possible 50% financial-hardship reduction; some specified reviews have no fee. ART requires the full fee or 50% by the application deadline when seeking reduction. |
| Part 5 protection ART review | AUD$2,293 where payable; no fee upfront. | Liability depends on the outcome and exceptions. Some substituted decisions also attract it; not simply a fee for “losing”. Check the decision and payment notice promptly. |
| Standard character/citizenship ART review | AUD$1,195; reduced AUD$100 in qualifying circumstances. | Specified concession, legal-aid, detention, age, study or hardship grounds can apply. The standard regime is different from Part 5 migration fees. |
| FCFCOA Division 2 migration filing, item 201A | AUD$4,180; hardship reduced fee AUD$2,090. | General exemptions can apply. If even the reduced fee causes financial hardship, a full exemption may be available. Additional court charges and adverse costs can arise. |
For Part 5 migration fee reduction, ART asks for a form and supporting evidence before the review is finalised, with the required payment by the application deadline; if reduction is refused, the full fee is required. Protection-payment timing has statutory notification rules, so obtain advice if the notice is unclear. Court relief is governed by Court Fees Regulations sections 2.05, 2.06 and 2.06A. Keep income, expenses, liabilities, assets and relevant concession/legal-aid evidence. Remove tax file numbers from documents supplied to the ART as its guidance requests.
Choose qualified assistance for the task
Under Migration Act sections 275–276 and 280–282, immigration-assistance restrictions are not limited to paid advice. Preparing or advising on a particular application, review or specified representation can be regulated assistance even when free. Statutory exceptions have conditions; calling a service “general information” does not itself decide the legal position.
For personal advice in Australia, check a migration agent’s registration or a lawyer’s current practising rights and ask who will do the work. An Australian legal practitioner needs a current practising certificate; admission alone is not enough. Restricted certificates can qualify under section 275 but remain subject to professional conditions. Do not assume migration-agent registration authorises court litigation.
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| Provider or service | Useful role | Check before relying on it |
|---|---|---|
| Registered migration agent or appropriately practising Australian lawyer | Individual migration assistance within lawful scope. | Registration/practising rights, competence, who acts, accepted scope, fees and actual deadlines. |
| ART or court registry | Process, forms, dates and administrative enquiries. | The registry does not give individual legal advice or guarantee the validity of your filing. |
| Legal aid or specialist community service | Free or subsidised help for eligible matters and people. | Covered visa/decision type, means or other eligibility, capacity and any representation grant. |
| Legal Hotline AI line and optional consultation arrangement | Free general information, or a booking with an independent lawyer for personal advice. | AI is not the practitioner assessing your eligibility or exact deadline; the initial arrangement is separate from filing and ongoing representation. |
Use the OMARA register and information and the relevant legal regulator to check credentials. The ART legal-support directory lists state and specialist services; inclusion does not guarantee availability or that every visa category is covered.
Five steps to prepare for immigration advice
- Keep the complete decision, reasons, annexures and review-rights page, plus any revocation invitation. Preserve the envelope, email headers or portal notification and record each date, authorised recipient and delivery method.
- Gather passport/identity, current grant notice and VEVO conditions, application/subclass and reference details. Record nationality, current physical location and whether the person was detained when notified.
- Collect submitted applications, evidence, requests for more information and prior visa/refusal/cancellation/review history. Include ART/court orders, hearing dates and any removal or travel notice.
- For character matters, bring actual court and sentencing records and cancellation/revocation papers. For fee relief or free help, prepare income, living expenses, assets, debts and relevant concession/legal-aid evidence. Ask about interpreter and accessibility needs.
- Ask which route and applicant are correct, the exact lawful deadline, what makes the application valid, who will lodge it, what happens to status/work/travel, whether urgent interim action is needed, and what further work costs. Keep filing and payment confirmations.
Use the agreed secure professional channel for personal documents. This checklist prepares a consultation; it is not a complete application specification, visa assessment or filing service.
Arrange an initial immigration-law consultation — AUD$295
Bring the complete notice, notification evidence and current visa details. Ask the independent lawyer to assess the decision, available route, deadline and any urgent next step. Confirm separately who will prepare or lodge an application, conduct proceedings or advise on continued stay.
Legal Hotline is not a law firm. The optional AUD$295 including GST booking and arrangement fee is paid to Legal Hotline for its platform service. Eligible bookings include an initial consultation with an independent Australian lawyer at no further lawyer charge. Ongoing work and fees are agreed separately with the lawyer.
Confirm suitability, practising rights, conflicts, acceptance, scope and appointment availability. Booking does not lodge a review, extend a deadline, grant a visa or secure representation. The free 1800 951 176 line provides AI-generated general information, not personal immigration advice or an assessment of your exact deadline.
Official help and free legal information
Check the service’s matter coverage, eligibility and capacity promptly. A referral, appointment or funding request does not extend a review period. Tell the provider immediately about detention, a removal notice or a near deadline.
ART immigration and citizenship legal-support directory
Lists legal aid, community services, law societies and refugee-review providers by state or territory. Contact the provider to confirm scope and eligibility.
Legal Aid NSW Immigration Service
Start with LawAccess NSW: 1300 888 529, 9am–5pm Monday–Friday excluding public holidays. Covers specified immigration/protection matters; economic, visitor and student visa advice is excluded. Representation requires eligibility.
Victoria Legal Aid
Information and links to immigration help, including detention and cancellation issues. Check the current service and eligibility for your matter.
RAILS Queensland
Specialist refugee and immigration community legal centre, separate from Legal Aid Queensland. Contact it about covered matters and available assistance.
ART procedural enquiries
1800 228 333, weekdays 8:30am–5pm excluding public holidays; overseas or Norfolk Island +61 2 9276 5000. Process information, not advice about your case.
Federal court migration enquiries
1300 352 000 for urgent or time-critical registry enquiries. TIS 131 450 can arrange a three-way interpreter call with registry staff; hearing interpretation has a separate process.
Common questions about Australian immigration decisions
Can every visa refusal or cancellation be appealed to the ART?
No. Review rights depend on the decision, statutory provision, decision-maker and other requirements. The person entitled to apply may be the visa applicant, former holder, sponsor, nominator or relative, and location can matter. Keep the full decision and review-rights notice and seek qualified advice promptly. A general enquiry is not a review application, and missing an ART deadline does not automatically create a court remedy.
Is my deadline 14, 28 or nine days?
Identify the route first. Part 5 reviewable migration/protection decisions ordinarily allow 14 days after notification if the applicant is detained that day, or 28 days otherwise, with no ART extension. Section 500(6B) gives a qualified nine-day period for reviewable delegate character/non-revocation decisions relating to a person in the migration zone. Citizenship and non-expedited character reviews have different rules and may allow extensions. Notification and applicant requirements matter; get advice on the actual letter rather than calculating from this summary.
Is a mandatory cancellation revocation request the same as an ART appeal?
No. A section 501CA invitation after mandatory section 501(3A) cancellation ordinarily requires written representations within 28 days after the notice and relevant particulars are given, under regulation 2.52. The mandatory cancellation is not directly reviewable by the ART through section 500. A later delegate refusal to revoke may have an ART route and, for a person in the migration zone, the qualified nine-day period. Preserve every document and obtain urgent advice; neither route guarantees success.
Can I stay, work or travel while a review is pending?
Do not assume so. Check the current visa, grant notice, VEVO conditions and effects of any cancellation or other order separately. A bridging visa or work/travel permission is not automatic merely because you apply, seek review or book a lawyer. If detained or facing removal, obtain urgent qualified advice about status and possible interim action. This page does not establish an individual entitlement to stay or be released.
What does an ART or court review cost?
From 1 July 2026, the fee-paying Part 5 migration ART rate is AUD$3,727, with possible 50% hardship reduction and specified no-fee cases. Protection review has no upfront fee but AUD$2,293 may become payable under the outcome rules and exceptions. Standard character/citizenship review is AUD$1,195, or AUD$100 where qualifying. FCFCOA Division 2 migration filing is AUD$4,180, with AUD$2,090 hardship reduction or possible exemption. Other court costs, adverse costs and private fees are separate. Check payment requirements before the application deadline.
Who can give personal immigration advice, and what does AUD$295 cover?
Immigration-assistance restrictions can apply even when help is free. Seek an appropriately practising Australian lawyer or registered migration agent acting within lawful scope, and verify credentials. Legal Hotline’s AI line supplies general information. Its optional AUD$295 including GST fee pays for booking and arrangement of an initial independent-lawyer consultation, with no further initial lawyer charge for eligible bookings. Suitability and availability must be confirmed; filing, representation and later work are separately agreed. Eligible free help may be available through the official directory.
Sources and update record
Checked on 23 October 2026 against selected provisions of the Migration Act compilation of 8 October 2026, Regulations compilation of 2 October 2026, ART and citizenship provisions, current court-fee rules and official guidance. Current indexed fees were checked against the 1 July 2026 notice. This is not an audit of every visa subclass, notification rule, transitional case, court appeal or detention remedy. Protection-payment timing depends on statutory notification rules; seek advice where an invoice or notice is unclear. Australian booking/network/terms were read for the bounded offer; no lawyer availability or outcome is guaranteed.
- Migration Act — selected visa, assistance and review provisions
- Migration Regulations — revocation and review fees
- ART Act — time and extension provisions
- ART Rules — time limits and standard fees
- Australian Citizenship Act — review provisions
- Official indexed court and tribunal fees from 1 July 2026
- Court Fees Regulations — exemptions and hardship
- ART — immigration and citizenship review guide
- ART — current fees and relief
- ART — 2026 fee announcement
- ART — legal-support directory
- ART — contact and opening hours
- Home Affairs — VEVO conditions and limits
- Federal Circuit and Family Court — migration review
- Court — current migration fees
- Court — migration FAQ and enquiries
- Legal Aid NSW — Immigration Service
- Victoria Legal Aid — immigration help
- RAILS — Queensland specialist community service
- OMARA — agent register and information
- Legal Hotline — Australian booking
- Legal Hotline — lawyer arrangements
- Legal Hotline — customer terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.