ART Appeal Deadlines — How to Count Your Days and File on Time

The standard deadlines

For most visa refusals reviewable by the Administrative Review Tribunal:

| Your location when notified | Deadline |
|----------------------------|----------|
| In Australia | 21 calendar days from deemed receipt of the refusal notice |
| Outside Australia | 28 calendar days from deemed receipt of the refusal notice |

Some visa types have different deadlines. Your refusal notice will state the specific timeframe that applies to your case. Always check the notice itself rather than relying on general rules.

How to count your days

The deadline runs from the date you are taken to have received the notification. This is not always the date you actually read it.

### If the notice was sent to your ImmiAccount or email

You are generally taken to have received it on the date it was sent or made available in your account. Check your ImmiAccount regularly — a notification sitting unread in your account still counts as received.

### If the notice was sent by post within Australia

You are taken to have received it 7 working days after the date on the letter. So if the letter is dated Monday 1 June, you add 7 working days (excluding weekends and public holidays) to find the deemed receipt date, then count 21 calendar days from there.

### If the notice was sent by post internationally

You are taken to have received it 21 calendar days after the date on the letter, then your 28-day deadline starts from that deemed receipt date.

### Counting the days

- Day 1 is the day after the deemed receipt date
- Count every calendar day, including weekends and public holidays
- If the final day falls on a weekend or public holiday, the deadline extends to the next business day
- Count forward from the deemed receipt date, not backward from when you want to lodge

### Example

Your refusal notice is dated 1 June 2026. It was sent to your ImmiAccount. You are in Australia.

- Deemed receipt: 1 June 2026 (the date it appeared in ImmiAccount)
- Day 1 of the countdown: 2 June 2026
- Day 21: 22 June 2026
- If 22 June is a Sunday, the deadline extends to Monday 23 June

When in doubt, lodge early. Don't cut it to the last day.

How to lodge your ART application

### Online lodgement (recommended)

The fastest and safest method:

1. Go to the ART website
2. Create an account or log in
3. Select "Migration and Refugee Division"
4. Fill in the application form
5. Pay the filing fee (~AUD 3,374 for most migration matters)
6. Submit and save your confirmation

Online lodgement gives you an immediate timestamp. This is your proof of filing on time.

### Other lodgement methods

You can also lodge by:
- Post to the ART registry
- Fax to the ART
- In person at an ART registry office

If you lodge by post, the application must be received by the ART before the deadline — not just posted. Allow extra days for postal delivery. For tight deadlines, post is risky.

### What you need to lodge

At minimum, you need:
- Your name and contact details
- The Department of Home Affairs file reference number (from your refusal notice)
- The date of the refusal decision
- Payment of the filing fee (fee waivers are available in financial hardship)

You do not need to submit your full evidence or arguments at this stage. You can provide additional submissions and evidence later. The priority is getting the application lodged before the deadline.

Filing fees

| Application type | Fee (2025-26) |
|-----------------|---------------|
| Most migration review applications | ~AUD 3,374 |
| Refugee and protection visa review | Nil |

The fee is indexed annually. Check the ART fees page for the current amount.

Fee waiver. If you cannot afford the filing fee, you can apply for a fee reduction on financial hardship grounds. You must apply for the waiver at the same time as lodging the ART application. Evidence of hardship (Centrelink statements, bank statements showing low funds) helps.

Fee refund. If the ART decides in your favour, the filing fee is typically refunded.

What happens if you miss the deadline

If your application arrives after the deadline:

For most migration matters: The ART has no power to accept a late application. Your right to merits review is lost. This is final.

Extension of time: In very limited circumstances, the ART may accept a late application. This typically applies only to certain visa types and requires you to show:
- You did not receive the notification in time
- There were exceptional circumstances beyond your control
- You acted as soon as you became aware of the refusal

Extensions of time are rarely granted. Do not rely on this as a backup plan.

Your remaining options after missing the deadline:
- Lodge a fresh visa application (if you are eligible to apply)
- Apply for judicial review at the Federal Circuit and Family Court (limited to legal errors, not a fresh look at the merits)
- Request Ministerial intervention (entirely discretionary, very rarely granted)

The bridging visa during an ART appeal

If you are in Australia and lodge a valid ART application within the deadline:

- You are usually granted a Bridging Visa E (BVE) or your existing bridging visa continues
- The BVE keeps you lawful in Australia while the ART reviews your case
- BVE conditions vary — check whether you have work rights (condition 8101 or no work restriction)
- The BVE does not allow travel and return unless you also hold a Bridging Visa B

If you miss the ART deadline and do not hold any other valid visa, you become unlawful. This has serious consequences including potential detention and removal.

Special situations

### Multiple refusals or cancellations

If you have been refused more than one visa, or your visa has been cancelled, the review rights and deadlines may differ. Some cancellation decisions have a 7-day review deadline. Check each refusal or cancellation notice individually.

### Ministerial decisions

Decisions made personally by the Minister (not a delegate) are generally not reviewable at the ART. The refusal notice will state whether review rights exist. If no ART review is available, judicial review at the Federal Circuit and Family Court may be your only option.

### Character-related decisions

Visa cancellations or refusals on character grounds (section 501) have specific review pathways. Some character decisions are reviewed by the ART, while others (particularly personal Ministerial decisions under section 501A or 501BA) are not. Check your notice carefully and get legal advice immediately.

Common mistakes with appeal deadlines

Waiting for a migration agent before lodging. Don't wait. Lodge the ART application yourself if you can't find an agent in time. You can appoint a representative later. The ART online form is straightforward enough to lodge without professional help.

Confusing the decision date with the notification date. The deadline runs from when you received (or are deemed to have received) the notification, not from when the decision was made. These can be different dates.

Assuming weekends don't count. Calendar days means every day counts. Only the final day gets extended if it falls on a weekend or public holiday.

Not checking ImmiAccount. If you have a pending application, check your ImmiAccount regularly. A refusal notification sitting unread still starts the clock.

Lodging by post with two days left. Post takes time. If your deadline is close, lodge online.

Assuming you can always get an extension. Extensions of time are exceptional, not routine. The ART usually cannot accept late applications for migration matters.

When to talk to an agent

Contact a MARA-registered migration agent or immigration lawyer immediately if:

- You've just been refused and the deadline is approaching
- You're unsure whether to appeal or reapply
- You've been refused a student visa or partner visa and need strategy advice
- Your refusal involves character, health, or section 501 cancellation
- You cannot afford the filing fee and need to apply for a waiver
- You may have missed the deadline and want to explore extension of time

If time is extremely short, lodge the ART application yourself first, then contact an agent. You can always add a representative to your case later. Lodging on time is more important than lodging perfectly.

Next steps

1. Find your refusal notice. Locate the exact date of deemed receipt and the stated deadline.
2. Count your days. Use a calendar. Write the deadline on paper, in your phone, everywhere.
3. Lodge the ART application now if you're within the deadline. Don't wait. Lodge online at the ART.
4. Contact a migration agent. Find a MARA-registered agent for advice on whether to pursue the appeal or withdraw and reapply.
5. Check your bridging visa. Log in to VEVO and confirm your current visa status.

Related resources

- Visa Refused — Appeal or Reapply?
- Student Visa Refusal Recovery
- Partner Visa Refusal Recovery
- Bridging Visas Explained
- Visa Application Taking Too Long?

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When does the ART appeal clock start ticking?

The clock starts when you are taken to have received the refusal notification — not when the decision was made. If the notice was sent by post within Australia, you are taken to have received it 7 working days after the date on the letter. If sent by email or through ImmiAccount, it may be the date the notification was sent. Check your refusal notice for the exact deemed receipt date.

What happens if I miss the ART appeal deadline?

If you miss the deadline, you generally lose your right to merits review. The ART cannot accept a late application for most migration matters. In limited circumstances, you may apply for an extension of time, but these are granted only in exceptional cases. Missing the deadline usually means your only option is a fresh visa application or judicial review.

Can I lodge an ART appeal online?

Yes. You can lodge your ART application online at the ART website. Online lodgement is the fastest method and gives you an immediate confirmation of receipt. You can also lodge by post, fax, or in person at an ART registry, but these methods carry the risk of postal delays. For tight deadlines, always lodge online.

Do weekends and public holidays count toward the 21/28-day deadline?

Yes. The deadline is counted in calendar days, not business days. Weekends and public holidays are included. If the deadline falls on a weekend or public holiday, the deadline extends to the next business day. Count every day carefully.