Visa refused: the next steps and whether you can re-apply
Visa refused — read the decision carefully first
When DHA refuses a visa, it sends a refusal letter setting out the reasons and the appeal deadline (if you have a right to appeal). This is the most important document — read every line before doing anything.
Two key pieces of information to find immediately:
- The reason for refusal — the basis for deciding your next strategy
- The appeal deadline — usually very short; missing it means losing the right permanently
The pathways after a refusal
Pathway 1: Appeal at the AAT (merits review)
The Administrative Appeals Tribunal (AAT) re-examines DHA’s decision on its merits — not whether DHA followed proper procedure, but whether the decision was correct.
Who can appeal to the AAT?
- Not every visa carries this right — the refusal letter will state it clearly
- It commonly applies to: family visas, partner visas, some residence visas
- Visitor visas and temporary work visas often do not carry an AAT appeal right
Deadline: stated in the refusal letter — this deadline is firm, and missing it means losing the right to appeal. Read it as soon as you receive the letter, do not delay.
Cost: a fee is paid to the AAT (see the AAT website for the current amount). The fee is not refunded if you are unsuccessful.
AAT waiting time: it can take many months to a few years depending on the case. While you wait, you are usually granted a bridging visa to remain in Australia (if you are onshore).
Pathway 2: Judicial review — the federal court
After an AAT refusal, you can seek judicial review at the Federal Circuit and Family Court of Australia — but this is a legal review (whether there was a legal error in the AAT’s decision), not a re-examination of the case on its merits. It is very complex, expensive, and requires a lawyer with a practising certificate.
Pathway 3: Re-lodging (a new application)
If the reason for refusal is a missing requirement you can fix (for example, a missing skills assessment you now have; insufficient experience you now meet), re-lodging with an updated application is often the most practical route.
Important note: if you are in Australia, check the Section 48 bar before re-lodging (see below).
Pathway 4: Ministerial intervention
In some exceptional cases, you can request the Minister’s intervention. This is entirely the Minister’s discretion — there is no right to a hearing. It is usually considered only in compassionate or exceptional circumstances.
The Section 48 bar — the hidden barrier
The Section 48 bar is the most serious issue after a visa is refused while you are in Australia.
If you:
- Are in Australia on a bridging visa (or are in Australia unlawfully), AND
- Have had any visa refused in Australia while in Australia
then Section 48 prevents you from lodging most visa types from inside Australia. The exceptions are very limited (protection visas, some humanitarian visas, partner visas in some circumstances).
The practical solution: leave Australia and lodge from offshore. But leaving Australia can invalidate some bridging visas — check carefully before departing.
If you are facing Section 48: this is a situation that needs a migration agent or immigration lawyer immediately — do not handle it yourself.
The right decision depends on the reason for refusal
| Reason for refusal | Next pathway |
|---|---|
| Missing documents / insufficient evidence | Re-lodge with a complete application |
| Not meeting a requirement (e.g. missing skills assessment) | Meet the requirement → re-lodge |
| Failing the GTE assessment | Review the GTE strategy → re-lodge (or appeal) |
| Character / PIC 4020 | Very complex — needs an agent/lawyer |
| Health waiver refused | Needs an agent/lawyer — AAT possible if the right remains |
| A factually wrong decision (DHA error) | AAT appeal — needs an agent |
Check: am I in Australia?
In your home country (or outside Australia): far more flexibility. You can re-lodge at any time with a new application. No Section 48 bar.
In Australia on a valid visa (not yet refused): Section 48 does not apply because there has been no refusal yet. If you lodge a new visa and it is refused → that is when the Section 48 clock starts.
In Australia after a refusal: check Section 48 immediately — and see an agent straight away.
The first step you should take now
- Read the refusal letter: find the reason and the appeal deadline
- Check the deadline date: count down from today
- If there is still time to appeal: contact an agent immediately to assess whether you should appeal to the AAT
- If there is no appeal right: ask an agent about the re-lodging pathway
Do not let the deadline pass without acting — losing the right to appeal means losing it permanently.