# Can I ask for a second review of my visa refusal through the guidance and appeals panel?

- Jurisdiction: Australia
- Practice area: Immigration Law
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/au/immigration/can-i-ask-second-review-my-visa-refusal

## Question

I am writing this from Melbourne, Victoria, because I am feeling quite stuck regarding my residency status. Back in February 2024, I submitted a formal application for a subclass 820 partner visa to join my spouse here in Australia. Unfortunately, last month, the Department sent me a letter stating that my application had been refused. I was devastated, so I immediately applied for a review through the Administrative Review Tribunal (ART) to have them look at the decision again. That review process is currently ongoing and has been moving along for about six weeks now. However, I have been reading some online forums suggesting that if the ART also makes a decision that I disagree with, I might be able to request a further review through something called a guidance and appeals panel to get a fresh set of eyes on my case. I want to know if this is actually an option for someone in my position. Since my original issue is specifically about my visa refusal and not something related to part 3 of the migration rules, am I allowed to use that panel to appeal the tribunal's decision if it goes against me again?

## Summary

No, you cannot use the guidance and appeals panel to review your subclass 820 partner visa refusal. Because your case is not related to Part 3 of the migration rules, you are barred from making this specific type of application.

## Analysis

Based on the information you provided, you are currently seeking a review of a subclass 820 partner visa refusal through the Administrative Review Tribunal (ART). If the ART makes a decision that you disagree with, you cannot ask for a further review through the guidance and appeals panel.

The law is very specific about when this panel can be used. Under the Migration Act, "An application cannot be made under section 123 of the ART Act to refer a decision of the ART to the guidance and appeals panel in relation to an application for review of a decision under this Act" [1]. This means that for most standard visa decisions, the ART's decision is the end of that specific review path. 

The only exception to this rule is for certain types of cases. The law states that the restriction "does not apply in relation to an application for review of a decision under Part 3" [1]. Since you explicitly stated that your issue is not related to Part 3 of the migration rules, you do not qualify for this extra layer of review. 

In short, because your subclass 820 visa refusal is a standard migration decision and not a Part 3 matter, the guidance and appeals panel is not an available option for you [1].

## Statutory citations

- Migration Act 1958, Section 500AA - Applications generally cannot be made to the ART guidance and appeals panel [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > An application cannot be made under section 123 of the ART Act to refer a decision of the ART to the guidance and appeals panel in relation to an application for review of a decision under this Act.
- Migration Act 1958, Section 500AA - Applications generally cannot be made to the ART guidance and appeals panel [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > Subsection (1) does not apply in relation to an application for review of a decision under Part 3.

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