For help identifying the next legal task, send a short general matter-stage enquiry without sending your protection story or documents.
What does the refusal letter tell you?
Read the reasons separately from the review instructions. Record the decision date, notification details, any authorised recipient, and the review information. Preserve the whole notice, not just its final page: notification rules affect the deadline under section 347 of the Migration Act.
Use this blank worksheet privately to organise the reasons. It is not an eligibility verdict or a substitute for lodging a review on time.
| Finding or issue | Decision paragraph and your notes | Evidence or question to check | Appropriate review task |
|---|---|---|---|
| Accepted finding | ___ | What is already accepted? ___ | Separate agreed facts from disputed findings. |
| Rejected finding | ___ | Which evidence was considered? ___ | Identify the factual disagreement and supporting material. |
| Adverse material | ___ | Source, date and opportunity to respond? ___ | Check accuracy, relevance and any procedural concern. |
| Missing proposition | ___ | What necessary point remains unsupported? ___ | Identify the evidence gap, rather than repeat the claim. |
| Possible legal-process concern | ___ | Which rule or process needs checking? ___ | Ask a lawyer whether a legal error is arguable. |
Is the decision reviewable by the ART?
The Administrative Review Tribunal (ART) reviews some protection decisions. Older material refers to the Administrative Appeals Tribunal (AAT), the former tribunal. Do not assume those older instructions describe your current route.
The decision letter should identify available review rights. Certain character-related protection refusals follow separate pathways, and some referred reviews do not require the person to lodge an application. Check the ART review guidance against your actual decision before choosing a form or fee.
What deadline applies to your review?
For reviewable migration or protection decisions under Part 5, section 347 provides 14 days if you were detained on the day you were notified, otherwise 28 days. These are not universal deadlines for every refusal or cancellation pathway.
Notification and deemed-receipt rules, including notification to an authorised recipient, need checking. The ART cannot extend these statutory time limits. Do not wait for a complete evidence bundle before checking lodgement requirements and the last permissible day.
How do you prepare evidence for a review or hearing?
Prepare a response to the reasons, not simply a longer version of the original application.
- Separate the issues. Mark accepted facts, disputed facts and possible legal-process concerns using the worksheet.
- Connect evidence to a proposition. Identify what each existing document supports and what remains unanswered.
- Address discrepancies honestly. Identify conflicting dates or statements and what needs clarification; do not alter records to make them agree.
- Check review directions. Follow the actual requests and dates, and ask about interpreter or accessibility support where needed.
The claimant has responsibility for providing particulars and sufficient supporting evidence under section 5AAA. The ART provides interpreter and accessibility support. Whether an evidence gap matters legally requires assessment, not guesswork.
Which review fees and processing figures apply?
As checked on 8 October 2026, protection review has no upfront ART application fee. An unsuccessful review attracts a $2,293 fee, subject to referral exceptions; check the ART protection guidance and fees page before relying on the amount. Do not substitute the ordinary migration-review fee.
For protection reviews completed from 1 March to 31 August 2026, the ART processing figures reported a median of 2 years 1 month and a 95th percentile of 4 years 11 months. These describe historical completed cases, not your waiting time or the Department’s initial visa decision. Home Affairs lists first-instance subclass 866 processing times as unavailable at the 8 October 2026 check.
How is judicial review different?
Judicial review examines jurisdictional error, not whether a court prefers a different factual conclusion. The court does not reconsider the claim on its merits or grant a visa. The Federal Circuit and Family Court’s migration guidance states a 35-day period from the migration decision date, with a possible extension on application and explanation. The decision and court jurisdiction must first be checked.
The court’s migration filing fees, effective 1 July 2026 and checked 8 October 2026, are $4,180 full fee or $2,090 authorised reduced fee. Exemptions and reductions require assessment. Lawyer fees and possible party-party costs are separate.
Can you apply for another visa after refusal?
Do not assume you can switch to another visa. Sections 48 and 48A perform different functions: section 48 restricts certain further onshore applications in specified circumstances; section 48A restricts another protection application after refusal, including before final determination, subject to section 48B. New claims alone do not create a fresh right to apply. Check your current visa and conditions separately from review rights.
How do cancellation and refusal differ?
Refusal rejects an application; cancellation concerns an existing visa. Do not apply a refusal deadline automatically to a cancellation notice. Its legal basis and review information need separate checking under the Migration Act.
Getting legal help after a protection visa refusal
An Australian migration lawyer can turn the worksheet into a focused assessment: which findings need evidence, whether merits review is available, whether legal error is arguable, and which deadline and status checks come first.
Under Migration Act section 280, unauthorised immigration assistance is unlawful, subject to exceptions including Australian legal practitioners and prescribed exempt persons. Avoid unregistered providers; do not assume insurance cover or redress, because insurance cannot be inferred solely from registration status.
Related guidance covers Protection Visa Australia Requirements, Bridging visa while a protection visa is decided, Protection Visa Processing Time: Reading the Published Figures and Protection visa lawyer.
Protection Visa Australia Requirements is an independent information publisher, not a law firm. Send a short general matter-stage enquiry, without sensitive stories or documents. With your consent, an optional enquiry is forwarded to Australian Migration Lawyers at contact@australianmigrationlawyers.com.au. Forwarding creates no retainer; that practice decides the scope and fees.
