If your temporary graduate visa (subclass 485) has been refused, do one thing before anything else: find the review deadline in your decision letter. Then three questions decide your options. Are you now barred from applying for most visas in Australia? Why exactly was the 485 refused? And can that reason still be fixed?
This article is about 485 refusals only. For how Tribunal review works for any refusal, see our visa refusal and review page.
Verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, compilation date 8 October 2026), and the Migration Regulations 1994, Compilation No. 289 (F2026C01017, compilation date 2 October 2026).
Step 1: your deadline
If you applied for the 485 in Australia, you generally have 28 days after you are notified to apply to the Administrative Review Tribunal (ART). It is 14 days if you were in immigration detention on the day you were notified (Migration Act sections 338(2) and 347(3)). The Tribunal cannot extend this period (section 347(5)).
If your letter says the refusal was made under section 501 (character), different rules apply. Review goes through section 500. If you are in Australia, the application must be lodged within 9 days (section 500(6B)). Section 500(1)(b) covers decisions made by a delegate of the Minister. A section 501 decision made by the Minister personally is not in that list. Get advice immediately.
Your decision letter governs. For how review works, see our visa refusal and review page. Most primary 485 applicants must be in Australia when they apply (Schedule 1, item 1229(3)(g)). So a refusal of an application made outside Australia mainly affects Replacement-stream and family applicants (item 1229(3)(f)).
Step 2: are you now barred from applying again?
Section 48 of the Act applies to you if all of these are true:
- you are in Australia;
- you do not hold a substantive visa (for example, you are on a bridging visa); and
- you were refused a visa after you last entered.
If it applies, you can apply only for the visa classes listed in regulation 2.12. A refusal of a bridging visa, or a refusal on character grounds under section 501, does not trigger section 48 (section 48(1)(b)(i)).
The regulation 2.12 list does not include a student visa (Student (Temporary) (Class TU)) or another 485 (Skilled (Provisional) (Class VC)). The list, and the extra conditions each listed visa has, are explained in the section 48 bar explained and section 48 and Schedule 3: what you can still lodge.
If you still hold a substantive visa, section 48(1) does not apply to you, because it covers only people who do not hold one. Check what you hold in VEVO before you decide anything.
Step 3: why was it refused?
This is the question that matters most, and it is where 485 refusals differ from most others.
The Regulations say all 485 criteria "must be satisfied at the time a decision is made on the application, unless otherwise stated" (Schedule 2, Part 485, note to Division 485.2). Several 485 criteria do state otherwise. They are tied to the day you applied. If you did not meet one of those on that day, a review cannot change the date. Other criteria are tested at the time of decision, and the Tribunal can look at them again on new evidence.
| Refusal reason | What the clause says about timing | What that usually means for you |
|---|---|---|
| Course completed too long before you applied | You must have completed the qualification "in the period of 6 months immediately before the day the application was made" (clauses 485.221 and 485.231(1B)) | Fixed at the day you applied. Review cannot move that date |
| English test | "The application was accompanied by evidence" of the test and score (clause 485.212(1)) | Tied to what you gave when you applied |
| Australian Federal Police check | "When the application was made, it was accompanied by evidence" that you had applied for an AFP check in the previous 12 months (clause 485.213(1)) | Tied to the day you applied |
| Health insurance | Evidence with the application, and adequate cover "since the time the application was made" (clause 485.215) | Both the start and any gap matter |
| Health | Public interest criteria in clause 485.216, with no special timing stated | Tested at the time of decision, so new evidence may be considered |
| Character (refusal under section 501) | A section 501 refusal is excluded from section 338(2); review goes through section 500, with a 9-day limit (section 500(6B)) | A different review route and a much shorter deadline. Get advice immediately |
| Skills assessment (Post-Vocational Education Work stream) | You must have applied for it when you lodged (clause 485.223); the assessment must be within the last 3 years and still valid (clause 485.224) | The first part is fixed; the second is tested at decision |
| Qualification does not fit the stream | The course and degree requirements in clauses 485.221, 485.222 and 485.231 | Depends on facts about your course, which usually cannot change |
| Age | Schedule 1, item 1229(4)(b): 35 or younger, or under 50 for Hong Kong or British National (Overseas) passport holders and research masters or doctoral graduates | This is a requirement for a valid application, not a refusal criterion. If your letter talks about validity, you need advice on that specific issue |
The "what that usually means" column is our professional reading, not a rule. Your decision letter lists the criteria you were found not to meet. Match each one against this table.
My 485 was refused because I applied too late after my course. Can review fix that? Generally not. The 6-month window is measured back from the day the application was made. The Tribunal reviews the same criteria. It cannot change when you applied or when you finished.
Review at the ART: what's specific to a 485
The Tribunal looks again at whether you meet the 485 criteria. Where a criterion is tested at the time of decision, it can consider evidence you did not give the Department. Where the criterion is tied to the day you applied, new evidence can only show what was true on that day.
Will I get a hearing? Some temporary visa reviews are decided "on the papers", without a hearing. As at Compilation No. 289, regulation 4.18(1) prescribes only refusals of a student visa for that process. "Student visa" is defined in regulation 1.03 as subclass 500 and the older student subclasses. A 485 is not in that list. Check the current rules and the Tribunal's instructions when you apply, because this area has been changing.
The ART application fee and the general review process are on our visa refusal and review page. Review and processing times are not stated here. The Tribunal publishes its own figures, and visa processing times come only from the Department's processing-times tool.
If the Tribunal affirms the refusal, section 351 of the Act lets the Minister, personally, substitute a more favourable decision if the Minister thinks it is in the public interest. It is a discretion, not a further review. Do not plan around it.
Applying again instead
A fresh application can make sense when the problem was a missing document that is tested at the time of decision. It cannot fix a fixed-date criterion. And if section 48 applies to you, you cannot lodge a new 485 or a student visa in Australia at all.
A new 485 has its own limits on previous 485s (clause 485.211 and Schedule 1 item 1229(4)(aa)). See our temporary graduate 485 visa page for the 485 rules, and 485 to permanent residency pathways for the routes that do not depend on another 485.
Going back to study is now harder. Since 2 October 2026, a student visa (subclass 500) application made in Australia is valid only if both of these are true (Schedule 1, item 1222(4)(a)):
- you hold a substantive visa; and
- you are not in a class of visa holders the Minister has listed.
A separate rule, item 1222(3)(aa), already requires most current student visa holders to apply for a further student visa from outside Australia. The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348) puts subclass 485 holders, in any stream, on that list. In practice:
| Your position after the refusal | Student visa (500) from inside Australia |
|---|---|
| On a bridging visa only (no substantive visa) | Not available. Section 48 bars it, and item 1222(4)(a) requires a substantive visa anyway |
| Still holding a student visa | Generally not from inside Australia. Item 1222(3)(aa) requires a current student visa holder to be outside Australia when applying for another student visa, unless you are in a class listed in item 1222(3A) and the LIN 20/158 instrument (for example, you need a further student visa to finish the course you were granted the visa for). Section 48 does not apply to you while you hold the visa, but this location rule does. Get advice on whether an exception fits |
| Holding a 485 (for example, a second 485 was refused) | Not available. A 485 holder must apply from outside Australia |
Applying for a student visa from outside Australia is a separate question with its own rules. See our student visa 500 page.
Your status while you decide
If you are on a bridging visa A linked to the 485 application, clause 010.511 says it generally lasts until 35 days after the refusal. If you apply to the ART in time, it generally continues until 35 days after the Tribunal's decision.
There are exceptions. One is where the refusal was because of a Foreign Minister determination under public interest criterion 4003(b) or 4003A. Then the bridging visa ends at the decision (clause 010.511(1A)). See our bridging visas page.
When there is no realistic option
Sometimes the honest answer is that review cannot succeed and nothing else can be lodged onshore. Then the priority is to stay lawful. Keep track of when your bridging visa ends, and plan a lawful departure before that date. Before you book a flight, get advice on your own timing and on how the refusal may bear on future applications.
Frequently asked questions
Can I appeal a 485 refusal? If you applied in Australia, yes. You can apply to the Administrative Review Tribunal for review (Migration Act sections 338(2) and 347). A refusal under section 501 (character) follows a different route under section 500.
How long do I have to appeal a 485 refusal? Section 347(3) gives 28 days after you are notified, or 14 days if you were in immigration detention on that day. The Tribunal cannot extend it (section 347(5)). If the refusal was made under section 501 (character) and you are in Australia, the period is 9 days (section 500(6B)). Your decision letter governs.
Can I stay in Australia after my 485 is refused? If you hold a bridging visa A, it generally lasts 35 days after the refusal, or until 35 days after the Tribunal decides if you apply for review in time (clause 010.511).
Can I apply for a new 485 or a student visa after refusal? Not in Australia if section 48 applies to you. Neither is on the regulation 2.12 list. Since 2 October 2026, a 485 holder also cannot lodge a student visa application in Australia at all (LIN 26/102). A student visa from outside Australia is a separate question.
Will I get a Tribunal hearing for a 485 review? Under regulation 4.18 in Compilation No. 289, only student visa refusals are prescribed for review on the papers, and a 485 is not a student visa. Check the current rules when you apply.
Send us your decision letter before the deadline
Most of what decides a 485 refusal is in the letter itself: the criteria you failed and the date you were notified. Migration Vision works with people across Australia on refusals and review. Nobody can promise a review outcome. What we can do is read your letter and tell you which criteria can still be addressed. We can also tell you whether review, a new application or a planned departure fits. Send your decision letter. If you are affected by section 48 or another bar, start at complex cases.
Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Last reviewed 25 October 2026. Sections 48, 338, 347, 347A, 351 and 500 verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, compilation date 8 October 2026); regulations 1.03, 2.12 and 4.18, Schedule 1 items 1222 and 1229, Schedule 2 clauses 485.2 to 485.231 and 010.511, and public interest criteria 4003 and 4003A verified against the Migration Regulations 1994, Compilation No. 289 (F2026C01017, compilation date 2 October 2026); the student visa location rule verified against the Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348) and the exceptions for current student visa holders against the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349). Figures current as at 25 October 2026; confirm with the Department of Home Affairs before lodgement. This article is general information, not migration advice for your circumstances, and the law may change.
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