Refused 887 visa in 2026: AAT review time limits and your options after a decision
By Aurum Legal · 9 October 2026
If your Skilled Regional visa (subclass 887) has been refused, two things decide what happens next: whether your refusal carries a right to review, and how long you have to use it. As at July 2026, the Department of Home Affairs' Skilled Regional visa (Subclass 887) official page states that a written refusal notification tells you why the visa was refused and whether you have a right to a review of the decision, and that the application charge is not refunded when an application is refused. The Migration Regulations 1994 and the Department's PAM3 guidance set the Administrative Appeals Tribunal (AAT) review window at 21 days from receiving the notification — check the current requirement against your own refusal letter and the official Skilled Regional visa (Subclass 887) page before you rely on it.
Does the refusal letter say whether I can appeal?
Yes. Read the notification itself before anything else. The official page says the Department tells you in writing why the visa was refused and whether you have a right to a review of the decision. That sentence is the whole gate: if the letter says there is no review right, the AAT path is not open to you, regardless of how strong your residence or work evidence looks.
Keep the envelope, the email and the date you received it. Review time limits run from notification, and the date on the letter is the reference point that every later step depends on.
How long do I have to apply to the AAT?
The Migration Regulations 1994 and the Department's PAM3 guidance give 21 days from receiving the notification to apply to the AAT for a review of the refusal. Three weeks passes quickly when you are also gathering payslips, leases and tax records, so the practical sequence is:
- Read the refusal notification and note the date you received it.
- Confirm whether the letter says you have review rights.
- Identify the exact criterion the decision-maker said you failed.
- Decide, on that criterion, whether review or a fresh application is the better use of the window.
Because the 21-day period comes from the Migration Regulations 1994 and PAM3, confirm the current time limit and any form or fee requirements against the official visa page before relying on it.
What are my three options after a refusal, compared?
| Option | What it examines | Time limit | What it cannot do |
|---|---|---|---|
| AAT review | The refusal decision itself | 21 days from notification, per the Migration Regulations 1994 and the Department's PAM3 guidance | Available only where the letter says you have review rights |
| Judicial review in the Federal Court | Legal error only | Not covered in this article | Not a rehearing of your residence or work evidence |
| A new subclass 887 application | Whether you meet the criteria when you lodge again | No fixed deadline | Cannot ignore the quota cap under clause 887.228 or avoid paying a new application charge |
When does judicial review actually apply?
Judicial review is the narrowest of the three paths. Judicial review in the Federal Court is available only on legal error, and is typically considered after the tribunal has affirmed the original decision. It is not a second chance to argue that your two years of regional residence or your 12 months of full-time work were sufficient: a court asked to review a decision is looking at whether the decision was made lawfully, not at whether it was right on the facts.
That distinction is what most people get wrong. A refusal you think is unfair is not automatically a refusal that is unlawful, and the two require different responses.
Is reapplying better than appealing?
It depends entirely on the ground of refusal. Re-lodging suits a refusal caused by evidence you can now supply in full — a cleaner set of ATO records, a corrected reading of which postcodes counted as a specified regional area, an employment reference that finally states your weekly hours. Re-lodging suits you less when the problem is the criterion itself, because you must meet the criteria again at the time of the new application.
Two constraints apply. Clause 887.228 caps grants at the maximum number set by ministerial instrument for the financial year, so a corrected application can still wait on quota. And the charge already paid for the refused application is not refunded, so a fresh application means a fresh charge.
What do the official criteria say I must prove?
The official Skilled Regional visa (Subclass 887) page sets out what a new application has to satisfy:
- Hold an eligible visa (subclass 489, 495, 496, 475 or 487, or a relevant bridging visa), and be in Australia when you apply unless COVID-19 concessions apply.
- Have lived for a total of at least two years in a specified regional area as the holder of one or more eligible visas.
- Have worked full time for at least 12 months in that area, where full time means 35 hours a week and can be made up of concurrent part-time jobs.
- You, and any family members holding an eligible visa, must have complied with the conditions of the eligible visa when in Australia, for the whole period you held it.
- You and any family members applying with you must meet the health requirement, and you and family members aged 16 years or over applying with you must meet the character requirement (including family members not accompanying you); if you are 18 or over, sign the Australian values statement, and you or any family members, including those not applying with you, must have repaid or arranged to repay any debt to the Australian Government.
- Have functional English, or have paid — or pay when asked — the second instalment of the visa application charge.
Concessions change the arithmetic for some applicants: those who lodged outside Australia in a concession period need at least nine months of full-time work and 18 months of residence, while onshore concession lodgements need nine months of work and the full two years of residence. Confirm the current concession settings on the official page, as they are time-limited measures.
Do I get my application charge back if I am refused?
No. The official page states plainly that the application charge is not refunded if the application is refused, and that holds whether you seek review, go to court, or walk away. The first instalment for the main applicant was about AUD 4,240 in 2025-26; visa application charges are indexed and change, so confirm the current charge before you budget for a second application.
This article explains how the rules fit together and is general information only. It is not advice about your circumstances, and it makes no promise about how any review or application will end — for your own situation, rely on the official information and on a registered migration agent or legal practitioner.
Frequently Asked Questions
How long do I have to apply to the AAT after an 887 refusal?
The Migration Regulations 1994 and the Department's PAM3 guidance give 21 days from receiving the refusal notification. Confirm the current limit against your letter and the official source, since time limits in migration matters are strict.
Do I get my visa application charge back if my 887 is refused?
No. The Department of Home Affairs' official subclass 887 page says the application charge is not refunded if the application is refused. A new application requires a new charge.
Does every 887 refusal come with a right to review?
No. The official page says the refusal notification tells you whether you have a right to a review of the decision, which means the right is not automatic. If the letter does not grant review rights, the AAT path is closed.
What is the difference between AAT review and judicial review?
AAT review looks at the refusal decision itself, within the 21-day window set by the Migration Regulations 1994 and the Department's PAM3 guidance. Judicial review in the Federal Court is limited to legal error and is not a rehearing of your residence or work evidence.
Can I reapply for the 887 instead of appealing?
Yes, and it suits refusals caused by incomplete or incorrect evidence, because you can lodge with a corrected record. The limits are the annual quota cap under clause 887.228, the processing lag, and the fact that the refused application's charge is not refunded.
Do concession periods change what I need to prove?
Yes, for eligible applicants. Offshore concession lodgements need at least nine months of full-time work and 18 months of residence in a specified regional area, while onshore concession lodgements need nine months of work and the full two years of residence. Check the official page for the current concession settings.