If your student visa (subclass 500) has been refused while you are in Australia, you usually have one chance to have that decision looked at again: an application to the Administrative Review Tribunal (ART). Since 1 June 2026 that review works differently from every other visa review. For student visa refusals there is no hearing. The Tribunal decides "on the papers", from what you send it in writing. The time for each step is short and cannot be extended.
This article explains:
- who can apply, and the deadline;
- how the written process works, and what it costs;
- where your bridging visa sits while you wait; and
- what the position is if the Tribunal agrees with the Department.
It is written for the applicant who has the refusal letter in front of them. The general review process for other visas, which still includes a hearing, is on our visa refusal appeals page. If your visa was cancelled rather than refused, start with GDML cancellations: what international students should do instead, because cancellation is a different process.
Verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, compilation date 8 October 2026), the Migration Regulations 1994, Compilation No. 289 (compilation date 2 October 2026), the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 (F2026L00640) and the Administrative Review Tribunal Act 2024, Compilation No. 5 (18 May 2026).
First: do you have a right to review at all?
Not every refused student gets a review. Section 338(2) of the Migration Act makes a refusal reviewable only if both of these are true:
- the visa could be granted while you are in Australia; and
- you made the visa application while you were in Australia.
Section 347A(2) then adds that the review application itself may only be made by a person who is physically in Australia when it is lodged.
| Your situation | ART review? | Why |
|---|---|---|
| You applied for the 500 in Australia and are still here | Yes | s 338(2) and s 347A(2) are both met |
| You applied from outside Australia | No | s 338(2)(b) is not met. There is no Tribunal review of an offshore student visa refusal |
| You applied in Australia but have since left | No | s 347A(2): you must be in Australia when the review application is made |
| Your refusal letter says the decision was made under section 501 (character) | No ART review under Part 5 | s 338(2) excludes s 501 decisions. Get advice: different rules apply |
Your refusal letter should state whether the decision is reviewable and by whom. If it says there is no review right, that is almost always because you applied from offshore.
The deadline: 28 days, and the Tribunal cannot extend it
Section 347(3) of the Act sets the time limit. The application must be made within 28 days after the day you are notified of the decision. If you are in immigration detention on the day you are notified, the limit is 14 days. The 28 days is in the Act itself.
The refusal becomes "finally determined" (section 11A) once either:
- that period ends without a review application; or
- the Tribunal decides.
Three things follow, and all three are strict.
- No extension. Section 347(5) says section 19 of the ART Act, the Tribunal's general power to extend time, "does not apply" to migration decisions. A day late is out, however good the reason.
- "Notified" has a legal meaning. The 28 days runs from the day you are taken to have received the decision, which depends on how the Department sent it. How that date is worked out is in how a Department letter deadline is calculated. Count from the deemed date, not the day you opened the email.
- A review that is not "properly made" is no review. Section 348 says the Tribunal has no jurisdiction unless the application meets sections 347 and 347A: in time, by the right person, with the prescribed fee.
Why there is no hearing for student visa refusals
From 1 June 2026, Division 4A of Part 5 of the Migration Act (sections 367C to 367N) created a category called an "application to be reviewed on the papers". Section 367C(2) says a review application falls into it if:
- the decision relates to a temporary visa; and
- the application is of a kind prescribed by the regulations.
Regulation 4.18(1), inserted by F2026L00640, prescribes every application for review of a decision to refuse a student visa.
Inside that category:
- You are not entitled to appear. Section 367N(2): "The applicant is not entitled to appear before the ART." Section 367N(1)(b) requires the Tribunal to decide "without holding the hearing of the proceeding".
- The usual ART Act hearing rights are switched off. Section 367D lists them, including section 55 (right to present case) and section 106 (review without hearing). The written process in Division 4A replaces them.
- The rules in Division 4A are exhaustive. Section 367E says they are "an exhaustive statement of the requirements of the natural justice hearing rule" for the matters they cover. You cannot ask for a hearing on fairness grounds.
Two exceptions take a case out of the on-the-papers track (regulation 4.18(2) and section 367C(3)):
| Exception | What it means |
|---|---|
| The refusal was because you did not satisfy public interest criterion 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018 or 4020, or a special return criterion, whether or not that was the only reason | The review proceeds under the ordinary Division 4 rules, including a hearing. PIC 4020 (false or misleading information, or a bogus document) is the exception to check for first |
| The President of the ART refers the matter to the guidance and appeals panel under section 122 of the ART Act | Rare. The case leaves the on-the-papers track |
Read your refusal letter closely. A refusal on the genuine student, financial or English criterion alone stays on the papers. A refusal that cites PIC 4020, even alongside those criteria, does not.
The new process applies to review applications made on or after 1 June 2026. It also applies to earlier applications where a member had not yet been assigned by that date (Schedule 13, clause 16201 of the Regulations).
What the Tribunal must send you, and how long you get to reply
The written process has two steps built into the Act.
| Step | What the ART must do | Your response period | Source |
|---|---|---|---|
| 1. Invitation on the issues | Invite you, in writing, to give "written submissions and evidence" on whether you satisfy each criterion the Department said you failed, and on any other prescribed issue. For a primary applicant, the regulations add one issue the Tribunal must always raise: whether you are enrolled in a course of study | 28 days after the day you are notified of the invitation | s 367F(1); reg 4.18(4); reg 4.20(a) |
| 2. Adverse information | If the Tribunal holds information that would be "the reason, or a part of the reason" for affirming the refusal, it must give you "clear particulars" of it, explain why it matters, and invite your comment. Information you gave yourself, or that was already in the refusal decision, does not have to be put to you again | 14 days after the day you are notified | s 367G(1)–(2); reg 4.20(b) |
Four points about those periods.
They cannot be extended. The note to section 367H(2) says: "The ART does not have the power to extend the response period." That is the single biggest change from the old process. The 28 days to lodge your submissions is the whole of your case.
If you do not respond to the invitation at all within the 28 days, the Tribunal must dismiss the application (section 367M). You can apply for reinstatement within 28 days of receiving the dismissal notice (section 368C). But that is a separate step with its own test.
The Tribunal looks at the whole criterion, not just the Department's reasons. Section 367F(2) says the issue is "whether the applicant satisfies the criterion generally, and not only the parts or aspects of the criterion that formed the basis of the refusal". It also says the issue "is not limited to the reasons referred to in the notification". So if the Department refused you on your financial evidence, the Tribunal can still decide you are not a genuine student. Your submission needs to cover every criterion you were refused on, in full.
After the invitation, the Tribunal does not have to come back to you. Section 367F(3) says that, subject to the adverse-information rule, the ART "is not required to do anything further to put the applicant on notice of the relevant issues" or to "seek any further submissions". There is no second chance to add a document you forgot.
You can ask to see the Department's file. Section 367J lets you request access to the written material the Department gave the Tribunal. The Department must provide it, subject to the protected-information rules in sections 375A and 376. Do this early, inside the 28 days, so your submission answers what is actually on the file.
The Tribunal must not decide before the response periods have run (section 367N(3)), and it must consider everything you sent (section 367N(1)(a)).
What the Tribunal can decide
Under section 105 of the ART Act, the Tribunal must do one of these:
- affirm the refusal;
- vary it; or
- set it aside and substitute its own decision.
Under section 349(2) of the Migration Act it may instead set the refusal aside and remit the application to the Department with orders. Regulation 4.15 makes a visa application a prescribed matter for that power. It allows an order that you "must be taken to have satisfied a specified criterion for the visa".
For a student visa there are two practical outcomes:
- the refusal stands; or
- the matter goes back to the Department with a direction on the criterion you were refused on.
In practice the Tribunal does not grant the visa itself. It remits under section 349(2), and the Department finishes the application.
The fee, the reduction and the refund
Regulation 4.13(1) sets the fee for review of a reviewable migration decision at a base of $3,496. Regulation 4.13A increases that amount each 1 July from 2025 in line with the CPI. So the figure you pay is higher than the figure printed in the Regulations. The current amount is published on the ART website. It must be paid for the application to be "properly made".
| Rule | What it says | Source |
|---|---|---|
| Hardship reduction | If the ART Principal Registrar, "having regard to the review applicant's income, expenses, liabilities and assets", considers paying the full fee would cause or has caused financial hardship, the fee is 50% | reg 4.13(4) |
| Refund if you win | If the decision is set aside or varied, or the application is remitted to the Department, 50% of the fee is refunded | reg 4.14(1), items 5 and 6 |
| Refund if you had no review right | If you were not entitled to apply, or the decision was not reviewable, the full fee is refunded | reg 4.14(1), items 2 and 3 |
| Combined applications | Where two or more review applications are combined under regulation 4.12 (for example a student and a dependent spouse), only one fee is payable | reg 4.13(3) |
There is no fee waiver for student visa refusals, only the 50% hardship reduction. Apply for it with the review application, with evidence of your finances. Our government charges for the visa itself are on the student visa cost page.
The grounds student visas are refused on, and what the Tribunal re-tests
The primary criteria for the 500 are in Schedule 2 of the Regulations. Check the refusal letter against these four first.
| Criterion | Clause | What has to be shown | Notes |
|---|---|---|---|
| Enrolment | 500.211 | You are enrolled in a course of study (a full-time registered course for most applicants) | The Tribunal must raise this issue in every on-the-papers review of a primary applicant (reg 4.18(3)–(4)). If your confirmation of enrolment has lapsed since the refusal, that alone can decide the case |
| Genuine student | 500.212 | You are "a genuine applicant for entry and stay as a student", having regard to your circumstances, your immigration history, (for a minor) your parent's or guardian's intentions, your intention to comply with visa conditions, and any other relevant matter | This replaced the "genuine temporary entrant" test on 23 March 2024. Decision makers apply Ministerial Direction 106, which lists the factors: reasons for not studying at home, ties to the home country, economic circumstances, immigration history and more. Detail in the genuine student requirement explained |
| English | 500.213 | If asked, evidence of English proficiency at the level set in a legislative instrument, unless you are in an exempt class | Test scores and exemptions are set by instrument and change; check the current instrument before relying on an older score |
| Financial capacity | 500.214 | You "will have genuine access to funds" sufficient for your costs and those of any family in Australia, and if asked, evidence that meets the instrument | "Genuine access" is the phrase the Tribunal tests. Money that appears in an account shortly before lodgement, or belongs to a sponsor whose own position is not documented, is what the Tribunal will test |
Clause 500.217 adds the public interest criteria, including PIC 4020. A refusal on 4020 takes the review off the on-the-papers track, as set out above. It also carries its own consequences for future applications, and it needs its own advice.
Section 367F(2) lets the Tribunal re-examine each refused criterion "generally". So your written submission should treat every element of clause 500.212 and 500.214 as live, with documents behind each one. Do not just reply to the paragraph the Department relied on.
Your bridging visa while the review runs
Most onshore student applicants hold a bridging visa A granted with the 500 application. Clause 010.511 of Schedule 2 sets when it ends.
| Event | Bridging visa A permits you to remain until | Clause |
|---|---|---|
| The 500 is refused and you do not apply for review | 35 days after the Department's decision | 010.511(1)(b)(ii) |
| You apply for review and the ART affirms the refusal, or makes any decision other than a remittal | 35 days after the ART's decision | 010.511(1)(b)(iii) |
| The ART decides your review application was not validly made (for example, late) | 35 days after the ART's decision | 010.511(1)(b)(iia) |
| You withdraw the 500 application or the review application | 35 days after the withdrawal | 010.511(1)(b)(v) |
| The ART remits the matter to the Department | the bridging visa continues until the Department's fresh decision | 010.511(1)(b)(viii) |
Applying for review in time is what keeps the bridging visa alive past the first 35 days. There is no separate bridging visa application to make.
The conditions on the bridging visa, including work and study conditions, are whatever is on your grant notice. They do not change because a review is lodged. If you hold a different bridging visa, or no bridging visa, the periods differ: see the bridging visas page.
If the Tribunal affirms the refusal
This is the part to understand before you lodge the review, not after, because the consequences shape the decision.
Section 48 applies. It applies once both of these are true:
- you are in Australia without a substantive visa; and
- you have had a visa refused since you last entered.
Section 48 of the Act then limits you to visas of the classes prescribed in regulation 2.12. The student visa class (Student (Temporary) (Class TU)) is not on that list. The classes that are include partner, protection, child, bridging and a small number of skilled visas. The full position is in the section 48 bar explained.
The 2 October 2026 student reform closed the onshore re-lodge route independently of section 48. The Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347) rewrote Schedule 1 item 1222(4). An applicant in Australia must now hold a substantive visa to make a valid 500 application onshore, unless subitem (4A) or (4B) applies.
- Subitem (4A) now reaches only former special purpose and diplomatic visa holders. The former limb for a person whose last substantive visa was a student visa was repealed by item 13.
- Subitem (4B) applies only where a student visa was cancelled and the ART later set the cancellation aside.
A person on a bridging visa after a 500 refusal fits neither. The Department's own "what you need to do" page says: "If you lodge an application in Australia when you are required to be offshore, your application will be invalid." Those rules apply to applications made on or after 2 October 2026.
So the realistic paths after an affirmed decision are:
| Path | What it involves | Where to read more |
|---|---|---|
| Leave within the 35 days and apply from offshore | A fresh 500 lodged outside Australia is not blocked by section 48, which only applies to applications made in Australia, and it is assessed on its merits, including your immigration history | Leaving Australia to apply offshore |
| A visa in the regulation 2.12 list | Partner, protection and the other listed classes can still be applied for onshore if you meet their criteria, including any Schedule 3 criteria that apply | Section 48 bar explained |
| Request to the Minister under section 351 | A request that the Minister substitute a more favourable decision. It is discretionary and there is no right to it | Ministerial intervention guide |
| Judicial review | A court can examine the Tribunal's decision for legal error only, not re-decide the facts. Strict time limits apply, and it does not by itself extend your bridging visa A, which ends 35 days after the ART decision under clause 010.511. Specific advice is essential before this step | Not covered here |
An affirmed decision also becomes part of your immigration history. Clause 500.212(a)(ii) makes that history a mandatory consideration in any later student application, onshore or offshore.
Frequently asked questions
My student visa was refused. How long do I have to appeal to the ART? 28 days after the day you are notified of the decision (14 days if you are in immigration detention), under section 347(3) of the Migration Act. The Tribunal cannot extend it: section 347(5) switches off its extension power for migration decisions.
Is it true there is no hearing for student visa refusals? Yes, for review applications made on or after 1 June 2026. Regulation 4.18 prescribes student visa refusal reviews as "applications to be reviewed on the papers", and section 367N(2) says the applicant is not entitled to appear. The exceptions are refusals that relied on PIC 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018 or 4020 or a special return criterion, and cases the President refers to the guidance and appeals panel.
How long do I get to send my written submissions? 28 days from notification of the Tribunal's invitation under section 367F, and 14 days for any adverse information put to you under section 367G (regulation 4.20). Neither period can be extended.
I applied for my student visa from overseas and it was refused. Can I go to the ART? No. Section 338(2) only makes a refusal reviewable where the visa application was made in Australia, and section 347A(2) requires you to be in Australia when you apply for review. Your options are a fresh application or, where the facts support it, other advice.
How much does the ART review cost? Regulation 4.13(1) sets a base fee of $3,496, indexed each 1 July since 2025, so the amount now payable is higher and is published by the ART. If paying the full fee would cause financial hardship, the Principal Registrar can reduce it to 50% (regulation 4.13(4)). Half is refunded if the Tribunal sets aside, varies or remits the decision (regulation 4.14).
Can I keep working while the review is decided? Your bridging visa A continues until 35 days after the Tribunal's decision (clause 010.511), with whatever conditions are on your grant notice. Lodging a review does not add or remove work rights. Check your grant notice or VEVO for the conditions you actually hold.
If I lose at the ART, can I just apply for another student visa in Australia? Not as the rules stand from 2 October 2026. Section 48 bars a further student visa application onshore after a refusal, and Schedule 1 item 1222(4) separately requires an onshore 500 applicant to hold a substantive visa. A fresh student visa application would have to be made from outside Australia.
Get the file read before the 28 days runs
A student visa review on the papers is decided on one written submission. The response period cannot be extended. And the Tribunal looks at the whole of each criterion, not just the paragraph the Department relied on. The two things that go wrong are:
- a review lodged on day 29; and
- a submission that answers the refusal letter but not the criterion.
Migration Vision prepares ART review applications and written submissions for student visa refusals for clients across Australia. Nobody can promise an outcome. What we can do is:
- establish whether you have a review right;
- calculate the deadline from the deemed notification date;
- obtain the Department's file under section 367J; and
- put every element of clauses 500.211 to 500.214 in front of the Tribunal with evidence.
If your refusal cites PIC 4020, or your visa was cancelled rather than refused, say so when you book, because the process is different. Start at complex cases.
Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Last reviewed 25 October 2026 — sections 11A, 48, 338, 347, 347A, 348, 349 and 367C to 367N verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, compilation date 8 October 2026); regulations 2.12, 4.13, 4.13A, 4.14, 4.15, 4.18 to 4.20, Schedule 1 item 1222 and Schedule 2 clauses 010.511 and 500.211 to 500.217 against the Migration Regulations 1994, Compilation No. 289 (compilation date 2 October 2026); the on-the-papers rules against the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 (F2026L00640, commenced 1 June 2026); the onshore lodgement changes against the Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347, commenced 2 October 2026); Tribunal outcomes against section 105 of the Administrative Review Tribunal Act 2024, Compilation No. 5 (18 May 2026); the genuine student factors against Ministerial Direction No. 106 (23 March 2024); and the Department's invalid-lodgement wording against its "Changes to Student visa application rules: what you need to do" page (read 7 October 2026) — all on legislation.gov.au or homeaffairs.gov.au. Figures current as at 25 October 2026; confirm with the Department of Home Affairs and the Administrative Review Tribunal before lodgement. This article is general information, not migration advice for your circumstances, and the law may change.
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