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WIDEN Migration ExpertsQualify. Plan. Lodge once.Keshab Chapagain · MARN 1576536

Head to head · Checked 30 October 2026

Review at the Tribunal vs A new application

The refusal letter decides whether review exists at all: most onshore refusals and sponsored offshore refusals carry a right to merits review at the Administrative Review Tribunal, lodged within the short period in the letter, with the applicant usually kept lawful on a bridging visa while it runs; most unsponsored offshore refusals carry none, and a new application is the only route. Where both exist, review suits a decision that was wrong on the facts or the law, or where a new application is barred by section 48 onshore; a new application suits a refusal the applicant can cure with better evidence and is faster where the Tribunal’s queue is long. The two are not exclusive: a review can be lodged to keep the bridging visa while a new application is prepared where the bar allows one.

By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026

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Keshab Chapagain, registered migration agent MARN 1576536 Keshab Chapagain · MARN 1576536 · Registered since 2015
Available when
The refusal notice says the decision is reviewable; mostly onshore applicants and sponsored visas · Always, subject to section 48 onshore and any exclusion period
Deadline
The period in the notice, 28 days for most migration refusals, not extended · None, but the bridging visa and the visa held set the practical one
What is decided
A fresh decision on the merits, with new evidence allowed · A fresh application on its own evidence, read with the earlier refusal
Cost
The Tribunal’s application fee, partly refunded on a favourable decision; see the Tribunal guide · A new visa application charge

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Side by side

Review at the TribunalA new application
Available whenThe refusal notice says the decision is reviewable; mostly onshore applicants and sponsored visasAlways, subject to section 48 onshore and any exclusion period
DeadlineThe period in the notice, 28 days for most migration refusals, not extendedNone, but the bridging visa and the visa held set the practical one
What is decidedA fresh decision on the merits, with new evidence allowedA fresh application on its own evidence, read with the earlier refusal
CostThe Tribunal’s application fee, partly refunded on a favourable decision; see the Tribunal guideA new visa application charge
Status meanwhileA bridging visa continues for an onshore applicant until the review endsA new bridging visa only if the new application can be lodged onshore
TimeMonths to more than a year by caseloadThe visa’s own processing time
Watch outMissing the period ends the option; a refusal affirmed at the Tribunal is a second refusal on the recordSection 48 bars most onshore applications after a refusal; the refusal is disclosed on every later form

Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.

The honest verdict

The refusal letter decides whether review exists at all: most onshore refusals and sponsored offshore refusals carry a right to merits review at the Administrative Review Tribunal, lodged within the short period in the letter, with the applicant usually kept lawful on a bridging visa while it runs; most unsponsored offshore refusals carry none, and a new application is the only route. Where both exist, review suits a decision that was wrong on the facts or the law, or where a new application is barred by section 48 onshore; a new application suits a refusal the applicant can cure with better evidence and is faster where the Tribunal’s queue is long. The two are not exclusive: a review can be lodged to keep the bridging visa while a new application is prepared where the bar allows one.

Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.

More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186


General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.

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Questions we get asked first

Review at the Tribunal or A new application — which is better?

The refusal letter decides whether review exists at all: most onshore refusals and sponsored offshore refusals carry a right to merits review at the Administrative Review Tribunal, lodged within the short period in the letter, with the applicant usually kept lawful on a bridging visa while it runs; most unsponsored offshore refusals carry none, and a new application is the only route. Where both exist, review suits a decision that was wrong on the facts or the law, or where a new application is barred by section 48 onshore; a new application suits a refusal the applicant can cure with better evidence and is faster where the Tribunal’s queue is long. The two are not exclusive: a review can be lodged to keep the bridging visa while a new application is prepared where the bar allows one.

What is the main difference between the Review at the Tribunal and the A new application?

Available when: Review at the Tribunal — The refusal notice says the decision is reviewable; mostly onshore applicants and sponsored visas; A new application — Always, subject to section 48 onshore and any exclusion period. Deadline: Review at the Tribunal — The period in the notice, 28 days for most migration refusals, not extended; A new application — None, but the bridging visa and the visa held set the practical one. What is decided: Review at the Tribunal — A fresh decision on the merits, with new evidence allowed; A new application — A fresh application on its own evidence, read with the earlier refusal.

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