Refused 407 training visa: your options and review rights in 2026
What a 407 refusal notice tells you about review rights, deadlines, reapplying and tribunal review, as at August 2026.
If your Training visa (subclass 407) has been refused, the answer to "what now?" sits in one place: the written refusal notice. According to the Australian Department of Home Affairs' official Training visa (subclass 407) page, as at August 2026, if the Department refuses the visa it tells you in writing why it refused and whether you have a right to a review of the decision. So the notice — not a general checklist — is where you find the three things that shape your options: the reason for refusal, whether review is available to you at all, and the deadline for using it. This article explains how those pieces generally fit together; it is general information about how the rules work rather than advice on your own case or any prediction of outcome, so check the figures and procedures against current official material.
What does a 407 refusal notice actually tell you?
A refusal notice does three jobs at once. It sets out the reasons the decision-maker was not satisfied, it states whether you have a right to have the decision reviewed, and it gives the time limit for lodging that review. Those are separate questions, and the second one is not something to assume either way — whether review rights apply depends on the circumstances addressed in migration law, and the Department's own page describes review availability as something it tells you in the notice.
The same notice is also your record of what the decision-maker had in front of them. That matters, because a review is an argument about that decision and that material, not a fresh start with the slate wiped clean.
How long do you have to lodge a review?
Treat the deadline as strict and read it off your own notice. Migration law guidance refers to two figures that come up often: 21 days where you were in Australia and held a substantive visa or a bridging visa, and 28 days where you were outside Australia. Neither should be relied on as your personal deadline — the operative date is the one printed in your refusal notice, which states the period that applies to your case. Missing the window puts the review right itself at risk.
One practical point follows from the Department's page: you can be in or outside Australia both when you apply and when the decision is made. Where you were at the time of the decision is therefore relevant to which timeframe and which review pathway your notice refers to.
Is the 28-day nomination response the same clock as a review deadline?
No — and confusing the two is a common and expensive mistake. The 28-day figure attached to a nomination is a pre-decision step, not a review right. At the nomination stage, if an officer needs further information to decide the nomination, the request is made in writing and the sponsor is given 28 days to respond, with an extension available where a reasonable reason is given; if nothing comes back within the period, the nomination can be refused on the material available.
At the visa stage there is a similar but distinct process: the officer can ask you for more information, or put adverse information to you for comment before deciding. The request itself states how long you have. Answering those requests well can prevent a refusal; it does not create a review right if a refusal is later made.
What can the review body actually do?
Merits review is a re-examination of the decision on its legality and reasonableness — a fresh look by a body independent of the Department, not simply a check that the paperwork was stamped correctly. The tribunal can consider material put before it for the review, which is why refusals caused by a gap that can be closed (functional English is the classic example, where a later test result can be provided) are often approached differently from refusals caused by a problem that cannot be fixed retrospectively.
Be realistic about what review cannot cure. The Department's page is clear that, unless your sponsor is an Australian Commonwealth Government agency, a nomination must be approved before you can apply for the visa. If the visa was refused because the underlying training program or nomination did not satisfy the requirements, a review of the visa decision cannot substitute for an approved nomination.
Should you apply again instead of asking for review?
Both paths exist, and they suit different problems.
| Asking for review | Lodging a new application | |
|---|---|---|
| What it does | Challenges the refusal already made | Starts a fresh decision on fresh material |
| Best suited to | A refusal reason you can answer with evidence now available | A problem fixed at the source (new nomination, new training plan) |
| Cost consideration | Review process, no new visa application charge | A new visa application charge; the refused charge is not refunded |
| Main constraint | Limited to the decision under review | Needs continuing sponsorship and an approved nomination |
| Effect on the refusal | Can result in the decision being changed | Leaves the earlier refusal on the record |
Reapplying is a real option, with conditions. The Department's page states that a new subclass 407 application needs continuing sponsorship, and that you may have to explain why you were unable to complete the training within the initial training period. A new nomination is required unless your sponsor is a Commonwealth agency, and if you move to a different organisation that organisation must sponsor you and lodge a new nomination; if your training program changes with the same sponsor, a new nomination and a new visa application follow. The visa itself cannot be extended — the Department is explicit that you cannot stay longer by extending a 407.
What if you have no review right, or the review does not succeed?
Where review is not available, or the tribunal affirms the refusal, the remaining avenue described in migration guidance is judicial review by the Federal Court. That is a narrower remedy: it is confined to legal error and does not re-hear the facts of your case.
Separately, the Department notes that you can apply for another visa. A refused 407 does not close off every pathway, but each visa has its own sponsorship, nomination and evidence requirements, so the useful question is which one your circumstances actually support.
Who can lawfully help you with a refusal?
Immigration assistance can lawfully be given only by a registered migration agent, a legal practitioner, or an exempt person. Anyone can be appointed to receive documents and correspondence on your behalf, which is a different and narrower role. Checking the credentials of whoever helps you is worth doing, whatever route you take.
Frequently Asked Questions
How do I know whether my 407 refusal can be reviewed?
The Department states that it will tell you in writing why it refused and whether you have a right to a review of the decision. That statement in your notice is the starting point, because review availability depends on the circumstances of the case rather than on the visa subclass alone. If your notice says no review right applies, the options shift towards a new application or the narrower judicial review pathway.
What is the deadline to apply for review of a 407 refusal?
Your notice states the deadline, and it is applied strictly. Migration guidance commonly refers to 21 days for applicants in Australia holding a substantive or bridging visa and 28 days for applicants outside Australia, but the figure that governs your case is the one in your own notice, and the current time limits should be confirmed in the review body's official material. Lodging late puts the review right itself at risk.
Do I get the visa application charge back if my 407 is refused?
No. The Department's page states that the application charge is not refunded if the application is refused. A new application requires a new application charge, and other costs such as health checks, police certificates and biometrics may also apply again.
Can I give the tribunal new evidence, such as a new English test?
A merits review can consider material provided for the review, so evidence that did not exist or was not before the original decision-maker can be relevant. Functional English is the example most often discussed: if that was the reason for refusal, a later test result can address it. Evidence that fixes a different problem from the one the refusal identified will not help on its own.
Can I just lodge a new 407 application instead of seeking review?
Yes, subject to the usual requirements: continuing sponsorship, an approved nomination unless your sponsor is a Commonwealth agency, and possibly an explanation of why the training was not completed within the initial period. The trade-off is cost and time — the earlier charge is not refunded and you must pay again — against the ability to fix the underlying problem rather than argue about the old decision.
If my nomination was refused, can I still review the visa decision?
They are separate decisions, and each carries its own notification. A visa application cannot generally succeed without an approved nomination, so if the nomination is the problem, reviewing the visa decision alone is unlikely to change the outcome. Look at what each decision record says about review rights before choosing a pathway.
Can I extend my 407 visa instead of applying again?
No. The Department states you cannot stay in Australia longer by extending this visa; you would need to apply for another visa. If your training program changes, expect a new nomination and, in most cases, a new visa application.