Judicial review and visa termination for Subclass 988: no AAT merits review in 2026
How Subclass 988 Maritime Crew visa refusals, AAT limits, judicial review and section 38B termination work in practice.
If your Maritime Crew visa (Subclass 988) is refused, you cannot take that refusal to the Administrative Appeals Tribunal (AAT) for merits review. The Department of Home Affairs' Procedures Advice Manual (PAM3) guidance for this visa states that Maritime Crew visa (MCV) refusals are not merits reviewable, so the only court-based route is judicial review, which looks at legal error rather than the facts of your case. Separately, a visa that has already been granted can be brought to an end under section 38B of the Migration Act, a power exercised by Australian Border Force officers. As at the August 2026 official page for the Maritime Crew visa (Subclass 988), the Department also lists "we determined that it is undesirable for you to continue to hold a Maritime Crew visa" among the events that make the visa cease.
This article explains the general rules only. It is not advice about your own circumstances, and you should check the official pages or get professional advice before acting on any of it.
What does "no AAT merits review" actually mean for a Subclass 988 refusal?
Merits review is a fresh look at the whole decision. A reviewer stands in the decision-maker's shoes, looks at the facts again, and can substitute a better or preferable decision.
That is not available for this visa. The Subclass 988 is a temporary visa created under section 38B of the Migration Act for crew members of non-military ships, and PAM3 guidance states that a refusal of an MCV cannot be merits reviewed by the AAT. The practical consequence is that the first application carries almost all the weight: there is no second decision-maker who will simply take a fresh view of your employment contract, your ship, or your intentions.
When the Department refuses a visa, its official page says the written decision will tell you why it was refused and whether you have a right to a review of the decision. Reading that section of the letter carefully matters more here than for visas where a full re-hearing is available.
What can judicial review actually fix?
Judicial review is a different exercise. A court does not re-decide your visa application. It checks whether the decision was made lawfully.
| Question | Merits review (not available for Subclass 988) | Judicial review |
|---|---|---|
| What is asked? | Is refusal the correct or preferable decision? | Was the decision made according to law? |
| Who decides? | A tribunal reviewing the facts and discretion | A court reviewing the legality of the process |
| What can change? | The decision can be replaced with a new one | An unlawful decision can be set aside and sent back |
Typical grounds argued in judicial review are legal errors: the decision-maker asked the wrong question, ignored relevant material, applied the wrong test, or reached a conclusion no reasonable decision-maker could have reached on the material. What judicial review cannot do is re-argue that you really were a crew member, or that your ship really was eligible, or that your intentions were genuine. Those are questions of fact and discretion.
Strict time limits apply to judicial review applications. If the decision is set aside, the usual outcome is that the Department must reconsider the application according to law, which is not the same as a grant.
How does section 38B termination work?
Section 38B(3) of the Migration Act allows an authorised officer to declare in writing that it is undesirable for a person to enter or remain in Australia. Once that declaration is made, the Maritime Crew visa is terminated. PAM3 records that the declaration is signed on Form V10 and that the power can be used by ABF border officers onshore or by the Maritime Global Processing Centre (MGPC) offshore. The same guidance notes the declaration can be revoked, so a termination is not necessarily permanent.
PAM3 also states the declaration can be made without notice. That is a sharp difference from visa cancellation under other parts of the Act, where a notice and an invitation to comment are normally part of the process.
The grounds that lead to a declaration are not exhaustively listed in the guidance, but the examples given concern conduct such as deserting a ship or working in Australia in a role that is not crew work. The Department's public page reflects the same concept in plain language: the visa ceases if the Department determines it is undesirable for you to keep holding it.
What else brings a Maritime Crew visa to an end?
Termination under section 38B is only one of several cessation events. The Department's official page lists them, and they are worth knowing because many operate automatically rather than by decision.
The visa lasts three years unless it ceases earlier because:
- you try to enter Australia, or work in Australia, on a ship that is not MCV-eligible
- you do work in Australia that is not part of the normal operational duties of the ship
- you arrive by air and do not sign on to your ship within five days of arrival, or before any other visa you hold ceases, whichever is longer
- you sign off your ship and, within five days or another period the Department specifies, you do not leave Australia, sign on to another eligible ship, or hold another visa
- your ship is imported or brought into Australia for sale, was not registered on the Australian International Shipping Register (or that registration ceased), and you do not leave, re-sign, or obtain another visa within five days
- you leave a vessel after arriving in Australia without being immigration-cleared
- another visa you hold is cancelled for a reason other than character grounds
- the Department determines it is undesirable for you to continue to hold the visa
Family members are carried on the same terms. The official page states that a family member's Maritime Crew visa ceases if yours ceases, if they enter Australia on a ship without you while holding no other valid visa, or if they stop travelling with you and do not leave or obtain another visa.
What can you do before a decision is made?
Because there is no merits review later, the useful work happens while the application is still open.
Read any request for further information carefully. The Department can ask for more material under section 56 of the Migration Act, and it will message you through ImmiAccount if it needs something.
Answer exactly what is asked. Provide documents that go to the point raised, such as an employment contract or letter showing your role on a named ship.
Respond within the timeframe the Department sets out. A late or partial response can end the assessment on the material already held.
Correct mistakes early. The official page directs applicants who gave an incorrect answer to complete Form 1023 Notification of incorrect answers and attach it in ImmiAccount.
Keep the eligibility question in front of you. The regulations require, among other things, that you are a crew member of a non-military ship or hold a current offer to become one (clauses 988.211 and 988.221), that you satisfy the listed public interest criteria including 4020 on bogus documents and false information (clause 988.222), and that the Minister is satisfied your expressed intention to enter and remain as crew is genuine (clause 988.224). Suppose an applicant is engaged only for shore-side passenger work in port: on the PAM3 reading of the "member of the crew" definition, that person is not crew, and no amount of later argument fixes the problem if the application is refused.
What happens if your visa ends while you are in Australia?
A Maritime Crew visa that ceases leaves you without a visa unless you hold another one. The Department's page also states that you cannot apply for a new Maritime Crew visa while you are in Australia — you must apply for some other visa, and before your current one ceases.
If a section 38B declaration is made, the general position in PAM3 is that the visa is terminated by the declaration itself. Where a different cessation event applies, such as signing off and staying past five days, the outcome follows from the event rather than from any separate decision. The Subclass 988 carries no visa application charge, so cost is not the obstacle to applying again from outside Australia — location is.
Frequently Asked Questions
Can I appeal a Subclass 988 refusal to the AAT in 2026?
No. PAM3 guidance for this visa states that Maritime Crew visa refusals are not merits reviewable by the AAT, so the Tribunal cannot re-decide the application on its facts. The avenues that remain are judicial review for legal error, or a fresh application if you are outside Australia.
Can the AAT review a section 38B termination of my visa?
The guidance available for this visa does not provide for merits review of an MCV, and termination under section 38B operates through a written declaration by an authorised officer rather than a reviewable visa decision. If you are considering a challenge, the question to ask is whether the declaration itself was made lawfully.
What is the difference between merits review and judicial review?
Merits review asks whether the decision was the correct or preferable one and can substitute a new decision. Judicial review asks only whether the decision was made according to law and can set it aside, usually sending it back to the Department, but cannot grant the visa.
How long can I stay in Australia after signing off my ship?
You have five days, or another period the Department specifies, to leave Australia, sign on to another MCV-eligible ship, or hold another visa. If none of those happens, the visa ceases.
Does the Australian Border Force have to warn me before terminating my visa?
PAM3 states the section 38B declaration can be made without notice. That is why compliance with visa conditions while signed on, and with the five-day rule after signing off, matters more than waiting for a warning.
What happens to my family's Maritime Crew visa if mine ceases?
It ceases too. The Department's page also lists two further events for family members: entering Australia on a ship without you while holding no other valid visa, or stopping travel with you without leaving Australia or obtaining another visa.
Can I apply for a new Maritime Crew visa from inside Australia?
No. The official page states you cannot apply for a new Maritime Crew visa while you are in Australia; you must apply for another visa before your current one ceases.