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
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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About the CPD →Side by side
| Review at the Tribunal | A new application | |
|---|---|---|
| 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 |
| Status meanwhile | A bridging visa continues for an onshore applicant until the review ends | A new bridging visa only if the new application can be lodged onshore |
| Time | Months to more than a year by caseload | The visa’s own processing time |
| Watch out | Missing the period ends the option; a refusal affirmed at the Tribunal is a second refusal on the record | Section 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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