482 Visa Refused: Check Your ART Deadline Before Anything Else

Migratio Editorial · Last updated 5 September 2026

TL;DR: Do not rely on an old 21-day rule or assume every 482 refusal has the same clock. If the decision is reviewable under Migration Act section 347, the general ART filing period is 28 days after notification, or 14 days if the applicant is in immigration detention on the day they are notified. Review rights depend on the decision, and the ART has no general power to extend these migration-review filing periods.

A Subclass 482 refusal creates two separate questions that are easy to blur together: whether the decision is reviewable at the Administrative Review Tribunal (ART), and what you should do about the underlying refusal reason. Deal with the deadline question first. Under the current Migration Act, the general section 347 period is 28 days after notification, or 14 days if you are in immigration detention on the day you are notified. Your decision letter should state whether review is available and the deadline that applies.

First: Read the Refusal and Review-Rights Notice

Find the part of the decision letter that identifies your review rights. Note the decision type, the date and method of notification, who has standing to seek review, and the filing deadline stated in the notice. A 482 visa refusal and an employer nomination refusal are not the same decision, and the person entitled to seek review can differ. Do not assume that because one part of a sponsorship case is reviewable, every linked decision is reviewable by the same person.

The Current ART Deadline: 28 Days Generally, 14 Days if Detained

Migration Act section 347 gives 28 days after notification for the general reviewable-migration-decision track. If the applicant is in immigration detention on the day they are notified, the period is 14 days. This is not an onshore-versus-offshore test and it is not the old generic 21-day AAT rule. Section 347(5) switches off the ART Act's ordinary extension power for these migration-review applications, so treat the deadline as jurisdictional and urgent.

Notification Is Not Always the Day You Opened the Letter

The filing period runs from legal notification, and migration law contains deemed-notification rules. Where the postal rules apply, a document sent to an Australian address can be treated as received 7 working days after the date of the document, while a document sent outside Australia can be treated as received after 21 days. Electronic and ImmiAccount notification use different rules. Use the method stated in your notice rather than counting from the day you happened to read it. If the calculation is unclear, get it checked immediately.

Review or Reapply?

Once the deadline is protected, the next question is whether ART review or a fresh application is the better route. The answer depends on why the 482 was refused, whether a new application can validly be lodged from your current position, your visa and bridging-visa status, and whether the evidence problem can actually be fixed. A refusal based on a missing or weak piece of evidence presents a different strategic question from a refusal involving character, false information, sponsor eligibility or a finding that the nominated position was not genuine.

If you already hold a 482 visa and your employment later ends, that is a different crisis governed by condition 8607. Since 1 July 2024, condition 8607 allows a cessation period of up to 180 consecutive days, subject to a 365-day aggregate cap across the visa period. The old 60-day sponsor rule is obsolete. A visa refusal, by contrast, is about the decision on an application and any review rights attached to that decision.

Current ART Fee

From 1 July 2026, the ART fee for most Part 5 migration reviews is $3,727. That figure is indexed annually. Character-related visa refusal or cancellation reviews use the ART's standard application fee instead, so do not assume $3,727 applies to every migration-related review. Check the current ART fee table when lodging.

When a Registered Migration Agent Helps

A registered migration agent can read the refusal and review-rights notice, confirm who has standing and which deadline applies, identify the actual criterion that failed, and help compare review with a fresh application or another visa pathway. This is particularly valuable when the deadline is close, because a technically strong case is useless if the Tribunal never acquires jurisdiction due to late filing.

Frequently asked questions

Do I have 21 days to appeal a 482 refusal?

Do not use 21 days as a current general rule. For the section 347 review track, the period is 28 days after notification, or 14 days if the applicant is in immigration detention on the day they are notified. Check the decision letter because review rights depend on the decision.

Does being offshore give me a longer ART deadline?

Not under the current general section 347 rule. The general distinction is 28 days versus 14 days if the applicant is in immigration detention when notified, not onshore versus offshore.

Can the ART extend the deadline if I am late?

For migration-review applications covered by section 347, the ordinary ART extension power is expressly disapplied. Treat the deadline in the review-rights notice as strict.

What if my 482 was granted but I have now lost my sponsor?

That is a different situation. Current condition 8607 allows up to 180 consecutive days away from the sponsored work arrangement, with a 365-day aggregate cap across the visa period. The old 60-day rule is out of date.

How much is an ART review in 2026?

From 1 July 2026, most Part 5 migration reviews cost $3,727. Character-related visa refusal and cancellation matters use the ART's standard application fee instead. Fees index, so check the ART fee page before lodging.

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