How to appeal a refused Visitor visa (600) to the AAT in 2026
Explains whether a refused Visitor visa (600) can be reviewed by the AAT in 2026, and what the review reconsiders.
If your Visitor visa (subclass 600) is refused, the first document that decides whether you can take the matter to the Administrative Appeals Tribunal (AAT) is the refusal letter itself. According to the Australian Department of Home Affairs’ “Tourist stream (apply outside Australia) (Subclass Visitor visa (subclass 600))” official page, as at July 2026, if the visa is refused the Department will tell you in writing why it refused the visa and whether you have a right to a review of the decision. Where that right exists, review is usually sought from the AAT, and the AAT’s task is to reconsider whether the original decision was substantively reasonable — concentrating on how the facts were found and how the law was applied.
What does the refusal letter tell you about a review right?
The refusal letter is not just a notice of the outcome. On the tourist stream page, the Department states that a refusal will be given in writing and will set out the reason for refusal and whether you have a right to a review of the decision. In practice, the reason will normally point to a criterion in the Migration Regulations 1994 that you were found not to meet, such as:
- the genuine temporary entrant requirement (clause 600.211);
- the adequate funds requirement (clause 600.212);
- the public interest criteria (clause 600.213, including PIC 4001 on character, PIC 4005 on health and PIC 4020 on information integrity);
- the special return criteria (clause 600.214, being criteria 5001, 5002 and 5010);
- the limit on a cumulative stay of more than 12 months on a visitor, 417, 462 or bridging visa (clause 600.215), which requires exceptional circumstances.
If the letter says you have a review right, that is the point at which the AAT pathway becomes relevant.
Do you have a right to have the AAT review the refusal?
A right to review is not assumed — it is what the letter grants. The Migration Regulations 1994 and PAM3 describe the usual position as one where, after a refusal, review can be sought from the AAT. The regulations themselves do not set out the review steps; in practice, however, the AAT can re-assess the case. If the letter states that you do not have a right to review, then the AAT review route described here is not the pathway indicated by the official position.
What does the AAT actually reconsider — facts, law, or both?
The review is aimed at the substantive reasonableness of the delegate’s decision. That means the AAT looks at whether the facts were found correctly and whether the law was applied correctly to those facts. A fact-finding error might be a misreading of your bank statements, employment ties or travel history; a legal error might be the wrong clause or public interest criterion being applied to your situation. The Migration Regulations 1994 and PAM3 indicate that applicants need to provide new evidence or argue that the original decision was improper. This article is general information only and is not personalised advice about your case or a promise of success; for your circumstances, rely on the official latest published information or seek professional advice.
Which Visitor visa (600) criteria can be re-examined on review?
| Requirement | What it covers | What a review may re-examine |
|---|---|---|
| Clause 600.211 | Genuine intention to stay temporarily in Australia | Whether your intention, ties to home and willingness to comply with visa conditions were correctly found |
| Clause 600.212 | Adequate means to support the stay | Whether your funds, bank statements, pay slips or support from others were correctly assessed |
| Clause 600.213 | Public interest criteria, e.g. PIC 4001, PIC 4005, PIC 4020 | Whether the character, health or integrity finding was correct |
| Clause 600.214 | Special return criteria 5001, 5002 and 5010 | Whether any return restriction or history was correctly applied |
| Clause 600.215 | Cumulative stay over 12 months needing exceptional circumstances | Whether “exceptional circumstances” were properly considered |
Do you need new evidence, and what kind?
An applicant needs to provide new evidence or argue that the original decision was improper, rather than simply repeating the original application. The tourist stream page lists the kinds of documents that speak to the common criteria, including itemised personal bank statements for a three-month period, pay slips, tax records, a letter from an employer stating you plan to return to your job, and proof of assets or immediate family in your home country.
Hypothetical: assume an applicant was refused under clause 600.212 because the delegate was not satisfied about adequate means of support. On review, the applicant could provide three months of itemised personal bank statements — a document type named on the official page — and argue that the funds finding was wrong. This is an illustration of the rule, not a predicted result.
Does review remove the need to meet the visa criteria?
No. Review does not replace the criteria in the Migration Regulations 1994. The AAT reconsiders whether you met the applicable criteria when the decision was made; the common criteria, including clauses 600.211 to 600.215, still have to be satisfied. Meeting them is assessed on the facts and the law, not on a guarantee that review will change the outcome.
Frequently Asked Questions
How do I know if I can appeal my Visitor visa (600) refusal to the AAT?
The refusal letter is the document that tells you whether you have a right to a review of the decision. Where it says you do, the Migration Regulations 1994 and PAM3 indicate that review is usually sought from the AAT. Check the letter first, because the review right is what opens the AAT pathway.
What does the AAT review actually reconsider?
The AAT reconsiders the substantive reasonableness of the original decision, including whether the facts were correctly found and the law correctly applied. It can re-assess the case in practice, even though the Migration Regulations 1994 do not set out the review steps. It is not limited to accepting the delegate’s conclusion.
Do I need new evidence for an AAT review?
Yes — the Migration Regulations 1994 and PAM3 indicate applicants need to provide new evidence or argue that the original decision was improper. New documents should address the criterion you were refused on, such as funds under clause 600.212 or genuine temporary stay under clause 600.211. The tourist stream page gives examples of supporting documents, including three months of bank statements.
Which Visitor visa (600) criteria are commonly re-examined on AAT review?
Common clauses are 600.211 (genuine temporary entrant), 600.212 (funds), 600.213 (public interest criteria such as PIC 4001, PIC 4005 and PIC 4020), 600.214 (special return criteria) and 600.215 (the 12-month cumulative stay limit). The AAT reconsiders whether those clauses were applied correctly to your facts. The criteria themselves remain those set by the Migration Regulations 1994.
Does the Migration Regulations 1994 set out the AAT appeal steps?
No. The regulations themselves do not prescribe review steps; in practice the AAT can re-assess the case. The refusal letter and the Department’s official page remain the guide to whether and how review is available, and neither the regulations nor the official page states a review time limit or fee here.
Can this article or the AAT guarantee my Visitor visa will be granted?
No. Review reconsiders the decision against the criteria, but no particular outcome is promised. This article is general information, not personalised advice or legal advice from a lawyer or migration agent, so rely on the official latest published information or a professional for your own situation.