Australian visa refusal: your status, ART review and the Bridging visa E that follows

Updated 3 October 2026

An Australian visa refusal ends the linked Bridging visa A or E 35 days after the refusal or the ART's decision, and ART review of a non-protection refusal costs A$3,727.

You have 28 days after you are notified to apply to the Administrative Review Tribunal (ART), or 14 days if you are in immigration detention, and the ART cannot extend either limit.

If your bridging visa ends and you have not left, a Bridging visa E is the visa that keeps you lawful while you seek review or arrange to depart.

These rules come from the Migration Regulations 1994, section 347 of the Migration Act 1958 and the ART fees page. A BVE must be granted before it makes you lawful; eligibility depends on your circumstances. Check your refusal letter, notification date and current visa before choosing review, another application or departure.

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After an Australian visa refusal

• Your status: Under the Migration Regulations 1994, a Bridging visa E linked to the application ends 35 days after the refusal or the ART's decision.
• ART review deadline: Under section 347 of the Migration Act 1958, apply within 28 days after notification, or 14 days if in immigration detention; no extension.
• ART fee: The ART fees page lists A$3,727 for a non-protection migration decision, with a 50% reduction for financial hardship.
• Judicial review: Section 477 of the Migration Act 1958 sets a 35-day deadline from the decision. The Federal Circuit and Family Court fees page lists a filing fee of A$4,180, or A$2,090 reduced.
• New applications in Australia: Section 48 of the Migration Act 1958 limits applications where the bar applies.

At a glance

ART deadline: Apply within 28 days after notification, or 14 days if in immigration detention on that day. Under section 347 of the Migration Act 1958, the ART cannot extend this limit.

What a visa refusal means for your status

You usually remain lawful on a Bridging visa A or E linked to the refused application until 35 days after refusal. If you apply for ART review within time, the linked visa generally lasts until 35 days after the ART decides. Clauses 010.511 and 050.511 of the Migration Regulations 1994 set these end events. A refusal for failing public interest criterion PIC 4003(b) or PIC 4003A ends the linked visa immediately.

The 35-day period runs from the decision date, not the date you read the letter. If the ART sends the application back for reconsideration, different end-event rules apply under those clauses.

When your bridging visa ends, you become an unlawful non-citizen if no other visa is in effect. Sections 13–14 of the Migration Act 1958 define lawful and unlawful status. Home Affairs’ “If you don't have a valid visa” page says to depart or apply for a BVE immediately to become lawful.

Your refusal letter must say whether review is available, the time limit, who can apply and where. Section 66(2)(d) of the Migration Act 1958 requires this information.

A refusal means the decision maker was not satisfied that you met the applicable visa criteria. Each visa's criteria sit in Schedule 2 of the Migration Regulations 1994. For example, clause 820.211 contains criteria for the onshore partner visa, including additional requirements for applicants without a substantive visa.

Asking the ART to review a refused visa

For an onshore refusal covered by this guide, follow these four steps:

1. Find your notification date and deadline. Section 347 of the Migration Act 1958 sets the 28-day or 14-day limit.

2. Check that the refusal is reviewable. Read the review information in your letter and check section 338 of the Migration Act 1958.

3. Pay the applicable fee before the deadline. The ART fees page states this requirement for a non-protection migration review.

4. Apply to the ART while physically in the migration zone. Under section 347A of the Migration Act 1958, only the person refused can apply for these onshore reviews.

The Migration Act 1958 now refers to the ART, rather than the former AAT (replaced by the ART on 14 October 2024).

The 28-day deadline and when it starts

28 days after the day you are notified is the usual deadline. It is 14 days if you are in immigration detention on that day. Section 347(3)–(5) of the Migration Act 1958 prevents the ART from extending either limit.

The notification date is not always the date you open the letter. Section 494C of the Migration Act 1958 sets when you are taken to receive it:

• By hand: when the document is handed to you.
• By prepaid post within Australia: seven working days after the date of the document.
• By prepaid post otherwise: 21 days after the date of the document.
• By email or other electronic means: at the end of the day it is sent.
• Through ImmiAccount: at the end of the day it is made available.

Under section 347, the same 14-day rule applies to every reviewable migration or protection decision for a person in detention on notification day; see how to ask the ART to review a refused BVE.

The ART fee

A$3,727 is the fee for review of a non-protection Part 5 migration decision, according to the ART fees page, retrieved 24 September 2026. It must be paid before the deadline. A 50% reduction is available for financial hardship.

This figure is for non-protection decisions, not protection visa refusals.

Which refusals can be reviewed

Under section 338(2) of the Migration Act 1958, an onshore refusal is generally reviewable where:

• the visa could be granted in the migration zone;
• the application was made there; and
• the decision was not made in immigration clearance or following refusal of clearance.

Some prescribed sponsored temporary visas also require a nomination or sponsorship link.

Offshore refusals are reviewable only in the sponsored or relative cases in section 338(5)–(7A) of the Migration Act 1958 and are outside this guide.

Character refusals under section 501 sit outside Part 5 merits review under section 338 of the Migration Act 1958.

A reliable ART migration-review processing time cannot be stated from the Act, Regulations or Home Affairs pages checked; under clause 050.511 of the Migration Regulations 1994, your linked BVE generally lasts until 35 days after the ART decides.

On the Senate committee's description, the Administrative and Judicial Review Legislation Amendment Bill 2026 would require an approved form and identity checks for prescribed applicants not in detention; it passed the House on 20 August 2026 and remained before the Senate on 3 October 2026, so it is a bill, not law—see What would the ART review bill change.

Can you apply again after a visa refusal?

Yes, but only if you can make a valid application for the visa you want. Section 48 of the Migration Act 1958 limits your options if you are in Australia without a substantive visa and have had a visa refused since your last entry. Bridging visa refusals and refusals under sections 501, 501A or 501B do not trigger this particular bar. A substantive visa is a visa other than a bridging, criminal justice or enforcement visa.

If section 48 applies, you may apply only for prescribed classes. Partner, protection and bridging visas are among the classes listed in regulation 2.12 of the Migration Regulations 1994. Being on that list does not remove the visa's other requirements.

Leaving and re-entering on a bridging visa does not reset the bar, under section 48(3) of the Migration Act 1958.

A refused protection applicant faces the separate section 48A bar on another protection application in Australia, subject to the Minister's personal section 48B power under the Migration Act 1958.

There is no single waiting period that answers “How long after refusal can I apply again?” Section 48 controls which applications can be made in Australia. For some temporary visas, PIC 4013 and PIC 4014 in the Migration Regulations 1994 impose three-year exclusions linked to specified cancellations or departure circumstances—not refusal alone.

Section 48 also follows cancellation under sections 109, 116, 133A, 133C, 134, 137J or 137Q of the Migration Act 1958. For the distinction, read Why are visas cancelled.

Judicial review after the ART

1. Time: Apply to the Federal Circuit and Family Court of Australia (Division 2) within 35 days of the date of the migration decision. Section 477 of the Migration Act 1958 allows the Court to extend time where necessary in the interests of the administration of justice.

2. Cost: The Federal Circuit and Family Court fees page lists a migration filing fee of A$4,180, or A$2,090 reduced, effective from 1 July 2026. A further setting-down fee applies before the final hearing: A$2,495, or A$1,035 reduced. These are court fees, not legal fees.

Your Bridging visa E during a refusal review

35 days after the ART decides is the usual end point for a BVE or BVA linked to the application. Clauses 050.511 and 010.511 of the Migration Regulations 1994 also provide for ending 35 days after withdrawal, or on grant of a further bridging visa for that application. An ART decision sending the matter back for reconsideration follows different rules.

After the ART, a BVE can be granted for judicial review of a substantive visa refusal under clause 050.212(3A) of the Migration Regulations 1994. Under clause 050.512, that BVE generally lasts until 28 days after the court proceedings, including appeals, finish or are withdrawn, or until another bridging visa is granted.

A BVA granted for judicial review follows the same 28-day rule under clause 010.513 of the Migration Regulations 1994. If a court sends the matter back for reconsideration, the relevant application-linked rules apply.

A non-protection BVE granted for judicial review must carry condition 8101 (no work) under clause 050.612A of the Migration Regulations 1994.

Ministerial intervention after the ART

Ministerial intervention is a personal power to substitute a more favourable decision after a tribunal decision. Sections 351 and 501J of the Migration Act 1958 provide these powers, with section 501J concerning protection decisions. Home Affairs’ “Ministerial intervention” page explains that a qualifying decision may be from the ART or the former AAT (replaced by the ART on 14 October 2024). The Minister has no duty to consider a request and is not bound by a timeframe.

Only a first qualifying request under section 351, former section 417 or section 48B can support the relevant BVE ground in clause 050.212 of the Migration Regulations 1994. The regulation does not name section 501J as a BVE request ground.

Read about how to ask for Ministerial intervention.

Frequently asked questions

Does a refusal make me unlawful straight away?

Usually not if a BVE is linked to the application: clause 050.511 of the Migration Regulations 1994 generally gives 35 days after refusal or the ART decision. The PIC 4003(b)/4003A exception ends it immediately; without another visa in effect, sections 13–14 of the Migration Act 1958 make you unlawful.

Can I get the ART fee reduced?

Yes. The ART fees page provides a 50% reduction for financial hardship for a non-protection migration review.

What if I miss the ART deadline?

A late application is outside time. Section 347 of the Migration Act 1958 prevents the ART from extending the 28-day or 14-day limit.

Is the ART the same as the AAT?

The ART is the current tribunal. The Migration Act 1958 records the transition from the former AAT (replaced by the ART on 14 October 2024); older letters naming it refer to the former tribunal.

Legal help after a refusal, and your Bridging visa E

1. Check your bridging visa's end date. Read how long can you stay on a Bridging visa E and have your grant notice checked against the relevant end event.
2. Find someone who can help. An Australian migration lawyer can check eligibility, evidence consistency and missing documents. Information about free legal help for Bridging visa E holders is also available.
3. Check which visas you can still apply for in Australia. Start with Who does the section 48 bar apply to before preparing another application.

The site’s enquiry form is a disabled preview and cannot send details yet. If a deadline is approaching, contact an Australian migration lawyer directly. See how to contact a lawyer directly.

This Bridging Visa E Guide is an information publisher, not a law firm, migration practice or government site.

The 28-day limit runs from the day you are taken to be notified, which depends on how the letter was sent. Sections 347 and 494C of the Migration Act 1958 govern those rules, and the ART cannot extend the deadline. An Australian migration lawyer can calculate that deadline, prepare the review application and identify evidence before the hearing.