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Before the Decision

Got a Notice From the Department? Your Response Is Everything.

If the Department has written with concerns before making a decision, that letter is an opportunity, not just a warning. A strong, well-evidenced response can stop a refusal or cancellation before it ever happens. A weak or late one usually seals it.

Respond before they decideYour strongest chance to fix itWe make it count
When the Department Writes Before Deciding

A decision hasn't been made yet. What you say now can change it.

Before refusing or cancelling a visa on certain grounds, the Department often has to give you a fair chance to respond. They write to you, set out the concern, and invite you to comment. This letter goes by different names - a notice of intention to consider cancellation, an invitation to comment on adverse information, or a procedural fairness letter. Whatever it's called, the meaning is the same.

This is the moment people most often waste - either by not realising how important it is, or by trying to handle it alone and missing the mark. Silence is the worst answer. If you don't reply, or you reply late, the Department will generally decide on the information it already has. Treat the notice as urgent the day it lands.

This is often your strongest chance to avoid a bad outcome. It's far easier to stop a refusal or cancellation here than to overturn one later. Getting to this stage and then under-responding is a genuinely costly mistake.

What a Strong Response Looks Like

The responses that succeed do these things well.

  • Tackles every concern the Department raised - point by point, not around them
  • Backs up what you say with documents and real evidence, not just assurances
  • Is clear, complete and lodged in the right form, inside the deadline
  • Anticipates how a decision-maker will read it - not just how you see the situation
What it isA chance to respond
Why it mattersStops a bad decision
DeadlineShort and strict
Worst moveNot replying
First stepSend us the notice
Timeline and Deadline Guidance

How long you have - and why it always comes from your letter.

There is no government fee to lodge a response to a notice. The cost that matters here is time. The period you are given is set out in the notice itself and it is applied strictly, so the date printed on your letter is the only deadline that counts. The ranges below are typical, but they vary by the type of decision being considered, so always check your own letter first.

No application charge to respond, but a strict deadline. Responding to a procedural fairness notice does not attract a visa application charge. The window to reply is short and runs from the date on your notice - treat it as urgent the day it arrives, because a strong response takes evidence and time to build.

Your situation Typical timeframe to act What it applies to
Most noticesOften around 21 to 28 days from the date on your letterA standard procedural fairness or invitation to comment notice. Always confirm the exact period stated on your own notice.
Some character mattersCan be much shorter, in some cases as little as around 9 daysCertain character-related cancellation decisions move on tighter timeframes. Do not assume you have a month.
In immigration detentionOften around 14 daysShorter windows commonly apply where you are held in detention. Acting on day one is critical.
If a decision still goes against youA separate review deadline then beginsReview at the Administrative Review Tribunal (ART) typically must be lodged within around 21 to 28 days of the decision, with shorter windows in some character and detention cases. The ART review fee is around AUD 3,580, indexed each 1 July, and around half may be refunded if your review succeeds.

Figures and timeframes are general information only, can change, and should be confirmed against your own notice and the current Home Affairs and ART guidance. They are not personal advice.

Common Questions

Notice and response questions.

That's the riskiest thing you can do. If you don't respond, the Department will generally make its decision based on the information it already has - which is the very information that worried it in the first place. Staying silent almost always leads to the outcome you're trying to avoid.
The period is short and set out in the notice itself, and it's strictly applied. Because a good response takes evidence and care to put together, you don't want to leave it to the last day. Send us the notice and we'll confirm your deadline and get moving straight away.
You can, but an explanation on its own rarely does the job. Decision-makers respond to evidence that addresses their specific concern, not general reassurance. The responses that succeed are the ones that answer each point squarely and back it up with the right documents. That's the difference we help you make.
No - and that's the good news. An appeal comes after a decision has gone against you. This comes before, while you still have the chance to prevent that decision. It's far easier and cheaper to stop a refusal or cancellation here than to overturn one later, which is why responding well now matters so much.
If the period in your notice has run out, the Department may have already made its decision, or may be about to. There can still be options, depending on your circumstances - in some cases a review of the decision at the Administrative Review Tribunal (ART), which replaced the AAT and IAA on 14 October 2024, may be open to you, and that has its own strict deadline. Send us your notice straight away so we can work out where you stand. You can also read our guide to what happens if your visa is refused despite responding.
Sometimes, but it can't be assumed. The deadline in your notice is applied strictly, and the Department is not obliged to accept a late reply. In some situations it may consider a short extension if you ask before the deadline and explain why, but that is discretionary and never guaranteed. The safest course is to treat the date on your letter as firm and get your response in on time.
You're not required to, but at this stage the quality of your response can decide the outcome, so professional help can be worth it. A registered migration agent, bound by the profession's code of conduct, can identify exactly what the Department is concerned about, structure your reply to answer each point, and make sure the right evidence is in the right form before the deadline. We can't promise a particular result, but we can give your response the strongest chance of landing. Send us your notice and we'll tell you honestly whether and how we can help.
It's worth separating two things. Whether the process was legally unfair is a question that mostly belongs to a later stage, after a decision, if you ever needed to challenge it. Right now, the more useful response is to address the concerns the Department has actually raised, on their terms, with evidence - even if you think they've misread your situation. Correcting a misunderstanding clearly and calmly, backed by documents, is usually far more effective than arguing that you shouldn't have to.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

Holding a notice right now?

This is your window to fix things before a decision is made. Let's build a response that actually lands.

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