A visa refusal sent to an old agent or an email you no longer use can create an urgent notification problem. Discovering the decision late does not automatically mean a review period starts again. Preserve the records and arrange an assessment of the notification and your options promptly.
Find out exactly what was sent and where
Ask for the original message and every attachment. A screenshot of a forwarded email may omit information needed to understand delivery. Keep the original file where possible, including sender, recipient, date, time and email headers.
- Record the address used by Home Affairs.
- Keep the refusal letter and full decision record.
- Note when each person received or forwarded the message.
- Preserve any delivery error, automated response or returned envelope.
- Record when you first discovered the decision, without substituting that date for an earlier delivery date.
Ask for missing records in writing and retain the request. Do not delete an old mailbox or account while it may contain relevant evidence.
Check who was formally appointed to receive documents
Home Affairs Form 956A explains that documents sent to an authorised recipient are generally treated as received by the applicant. It also distinguishes appointing a recipient from appointing an immigration assistance provider. The form directs applicants to Form 956 where an agent, Australian legal practitioner or exempt person provides assistance and receives correspondence.
Locate the actual appointment and withdrawal records. Ending a private engagement and notifying the Department of a recipient change are separate events to investigate. A statement that you “changed agents” does not establish what Home Affairs had been told at the relevant time.
Build a notification timeline
Use one row for each event: appointment, change request, acknowledgement, decision transmission, forwarding and discovery. Attach the supporting record to each row. Mark any date that is uncertain rather than estimating it as fact.
A hypothetical situation
You engaged a new adviser in July, but a refusal was sent to the old address in August. The questions include what appointment applied, whether a change was submitted and what evidence shows receipt by the Department. The date of the new adviser’s invoice alone does not answer all those questions.
Keep Home Affairs and Tribunal contact records separate
If an ART proceeding already exists, collect the Tribunal’s own representative and contact records as well. Do not assume a change made in one system has updated every other system. Check the instructions for the particular matter and retain confirmation of any update.
The ART immigration review guidance explains that migration and protection review time limits cannot be extended by the Tribunal. Have the notification position checked urgently instead of relying on the date you happened to open a message.
What should you send a lawyer?
Provide the original decision, notification evidence, appointment forms, change requests and relevant correspondence with both old and new representatives. Include your present location and current visa notices. Explain any immediate concerns about expiry, work or travel.
Ask for separate advice on whether notification was effective, whether review remains available and whether another urgent step is required. A complaint about communication or professional service is a different issue from preserving a review opportunity.
What can you do to reduce future problems?
Use a monitored contact address, tell your representative about changes and keep copies of submitted appointment forms. Agree who checks correspondence during absences. Where a message refers to a deadline, obtain the complete document rather than relying on a verbal summary.
Our visa refusal lawyers can assess the notification records. Our ART review team can advise on review steps where available. Send the records promptly even if the full file has not yet been retrieved.
Disclaimer
This article provides general information only and is not legal advice. Australian migration law, policy and procedures can change, and your options depend on your individual circumstances. Do not rely on this article to calculate a deadline or determine your eligibility. Obtain advice from a qualified Australian legal practitioner about your situation. Reading this article does not create a solicitor–client relationship with Emigrate Lawyers.
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 18 September 2026
