What to Do After an Australian Visa Refusal: ART Review, PIC4020, and Re-entry Bans

A refusal letter is not the end of the road. Whether you can still seek review, how many days you have to act, and whether you can simply reapply depend on your visa subclass, whether you were onshore or offshore at the time of applying, and the specific reasons for refusal. This page sets out the current pathways after a refusal: the Administrative Review Tribunal (ART) process, deadlines, and fees; the PIC4020 three-year ban triggered by false/misleading documents; and the PIC4013/4014 re-entry bans and waivers arising from a visa cancellation or overstaying — to help you decide your next step.

Last checked: June 2026. Refer to the Department of Home Affairs for the authoritative position.

1. Common reasons for refusal

The reasons for refusal are stated in the decision letter; the common ones fall into the following categories. Understanding the reason is the prerequisite for deciding "review or reapply":

• Failing to meet a visa criterion: e.g. the Genuine Temporary Entrant/Genuine Student (GTE/GS) test for a student visa, the skills assessment or points for a skilled visa, insufficient proof of funds, etc.
• Fraudulent or misleading documents: providing false documents or misleading on a material matter triggers PIC4020 (see section 4 below), with consequences far beyond an ordinary refusal.
• Character issues: failing the character test (section 501 of the Migration Act), such as a criminal record. You can self-check with our character requirement tool first.
• Health issues: failing the health criteria (PIC4005, etc.).
• An existing re-entry ban: a prior visa cancellation or overstaying triggers PIC4013/4014 (see section 5).
• Incomplete or inconsistent form/documents: omissions or contradictions that prevent the case officer from making an accurate assessment.

2. Two paths after a refusal letter: review or reapply

The decision letter usually states clearly whether you have a right of review and the review deadline — this is the most authoritative guide, so read it word for word. The logic for choosing between the two paths:

Simple test: if the refusal was due to a fixable documentary gap (e.g. a missing certificate) and missing the review deadline would trigger a ban or cost you onshore status, review is often better; if the refusal reason is fundamental and cannot change in the short term, or reapplying is clearly faster and cheaper, reapplying is more realistic. Be especially careful where PIC4020 or a ban is involved — reapplying may be refused again during the ban period.

3. Administrative Review Tribunal (ART): process, deadlines, and fees

From 14 October 2024, the Administrative Review Tribunal (ART) replaced the former Administrative Appeals Tribunal (AAT) as the independent body conducting merits review of Home Affairs visa decisions. ART "stands in the shoes of the original decision-maker" and makes the correct or preferable decision based on the law, policy, and all the evidence (including any new material you submit).

Review deadlines (critical)

Deadlines vary by visa subclass and your circumstances, and the number of days stated in the decision letter always governs. Common ranges:

• Most onshore general visa refusals: about 21 to 28 calendar days (note: calendar days, not business days).
• Protection visas: about 28 days onshore and not in detention; in immigration detention it may be as short as about 7 working days.
• Character cases (section 501) and other special situations: shorter deadlines, in some cases about 9 days.
• The deadline runs from the day after you are notified of the decision, and for most migration categories ART cannot extend it — missing it means permanently losing the right of review.

Fees

From 1 July 2025, the review application fee for most migration decisions is A$3,580 (protection cases about A$2,203). The fee is indexed to CPI each July, so it may rise again in July 2026. If Home Affairs refers the decision to ART for review on its own initiative, no fee is payable regardless of outcome; otherwise you can apply for a reduction under the rules, and if the reduction is refused you must pay in full before the review will start.

Possible review outcomes

• Affirm: the refusal stands.
• Set aside & substitute: a new decision replaces the original.
• Remit: sent back to Home Affairs with directions to decide again following ART's guidance.

Official sources: ART · Migration and citizenship review; ART · Fees; Home Affairs · Reviewing a decision.

4. PIC4020: finding and consequences of false/misleading documents

PIC4020 is Australia's "anti-fraud" public interest criterion for visas. Once Home Affairs finds that you provided a false document, or were false/misleading on a material matter in your visa application, it can refuse on that basis, and you cannot be granted most visas subject to PIC4020 for three years.

• "False/misleading on a material matter" means an untruth significant enough to affect the decision; an ordinary typo is different in nature from misrepresenting your work history.
• No result element required: PIC4020 can still apply even if the false material did not change the outcome — what matters is that you put untrue material before Home Affairs.
• "Misleading" is not limited to outright lies: incomplete, contradictory, or omitted key information that prevents an accurate assessment may also fall within scope.
• Retrospective reach: it can reach information/documents submitted in any visa application in the past 10 years; using false material to obtain a visa within the 12 months before a new application can also trigger it.
• Affects family members: if the main applicant is refused under PIC4020, accompanying/related family members may be caught by the same three-year period.

Waiver of the three-year ban: only in limited situations can you apply to the Minister for a waiver — you must show there are compelling circumstances affecting Australia's interests, or compelling or compassionate circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen. Waivers are granted cautiously and require strong evidence.

Where identity cannot be established: if the fraud means identity cannot be proven, the ban is 10 years and cannot be waived — far more serious than the three-year period.

Before lodging, always check that all documents are true, complete, and consistent. Prepare each item against the document checklist tool to avoid an innocent inconsistency being treated as "misleading".

Official/authoritative source: Home Affairs · Visa cancellation and integrity (the PIC clauses are in Schedule 4 of the Migration Regulations 1994; rely on the current regulations).

5. Re-entry bans: PIC4013 / PIC4014 (3 years) and waivers

These two are the most common "re-entry bans / exclusion periods" under Schedule 4 of the Migration Regulations 1994; those who breach migration law may be refused the relevant visas for three years:

• PIC4013 (visa cancelled): if your visa is cancelled while in Australia for breaching visa conditions etc., a three-year ban runs from the date of cancellation. Note: cancelling your own temporary visa under section 116 does not trigger this.
• PIC4014 (departing after being unlawful/overstaying): if you overstay after your visa expires, or depart/are removed as an unlawful non-citizen or a bridging visa C, D, or E holder, a three-year ban runs from the date of departure. Departing within 28 days of the visa expiring generally does not trigger it.
• Scope differs from other bans: 4013/4014 are written into most temporary visa criteria (e.g. the subclass 462/417 working holiday visas), but many permanent/partner categories (such as 189, 186, 309) do not have them as grant criteria — these pathways are usually unaffected by 4014. Always check the specific subclass.

Waiver: the exclusion period itself cannot be shortened, but it can be waived. Usually you either reapply after three years have passed since departure, or show there are compelling circumstances affecting Australia's interests, or compassionate or compelling circumstances affecting an Australian citizen/permanent resident/eligible New Zealand citizen.

Other reference exclusion periods: SRC5002 is 12 months, SRC5010 is 2 years, and SRC5001 is permanent exclusion (rely on the current regulations).

6. Situations with no right of review

ART can only review some visa decisions, not all. Common situations with no right of review:

• Most offshore applications with no eligible sponsor/nominator in Australia that are refused — typically a visitor visa (600) lodged offshore with no onshore contact, etc.
• Refusals based on adverse security information provided by ASIO.
• Cancellation/refusal decisions made personally by the Minister under section 501A or 501BA of the Migration Act.
• Situations where you are not a "person who can apply for review".

In these situations, the common alternative is to reapply (taking care to avoid the ban period), or, where eligible, to request ministerial intervention. Again: your decision letter states whether review is available, to whom, and the deadline — rely on it.

Official source: ART · Migration decisions that can be reviewed.

Related pages

• Character requirement tool: the section 501 character test and obtaining police clearances.
• Document checklist tool: check your application documents by category to avoid omissions/inconsistencies.
• Details of visas often involved in refusal disputes: Student visa 500, Skilled Independent 189, Partner visa 820/801.
• Data and invitation rounds: understand the competitive picture for skilled invitations.
• Contact and corrections: if you find content out of date or wrong, feedback is welcome.