Visa Refusal Appeal
Have you had a notice of intention to cancel your visa or had your application for a visa refused?
Some of the most common reasons for refusal of an application for a visa are:
- not abiding by conditions attached to a previous visa award
- not providing sufficient information to support claims made in your application
- failing to meet the standard health or good character requirements for Australian visa applications
- providing incorrect or misleading information in your visa applications
- failing to provide sufficient evidence of being able to financially support yourself
- intending to attend a course that was in a field of study too different from previous studies (student visas only)
- not providing sufficient proof that there is a genuine need to recruit from outside Australia, or that you will be paid a fair market rate (employer-sponsored visas only)
If you have received a natural justice letter (a request to comment on adverse information before a decision is made), please be aware that you will only have a limited time in which to formally respond.
For more information on how we may be able to help you lodge an appeal against your refusal, please fill out the form here so we can assess your situation.
What do I do if my visa is cancelled or my application has been refused?
If your visa has been cancelled or your application refused, you may be eligible for a review of the decision by the Administrative Review Tribunal (ART).
NB: Not every negative decision can be reviewed by the ART. For example, decisions made personally by the Minister cannot be reviewed by the Tribunal.
Administrative Review Tribunal (ART)
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. The ART is an independent body that reviews certain decisions made by the Australian Government, including most visa refusals and cancellations.
The ART can review:
- migration decisions, such as most visa refusals, visa cancellations and sponsorship or nomination refusals
- protection visa decisions
- character decisions made by a delegate under section 501 of the Migration Act 1958
ART fees (from 1 July 2026)
| Type of review | ART application fee |
| Migration review | $3,727 (may be reduced by 50% for financial hardship) |
| Protection visa review | $2,293 (payable only if the review is unsuccessful) |
| VE Lawyers professional fees | From $4,500 to $8,900, depending on the case |
What happens once I’ve requested a review?
Once a review application has been lodged with the ART, the Tribunal will consider the evidence and make one of the following decisions:
Affirm:
The ART agrees with the Department’s original decision to refuse or cancel the visa.
Set aside:
The ART decides that the Department’s original decision was wrong and should be changed. The ART may make a new decision to replace the original one (for example, replacing a refusal with a grant).
Remit:
The ART sends the matter back to the Department to be reconsidered, often with directions from the Tribunal. The Department must then reconsider the evidence and make a new decision.
No jurisdiction:
The ART concludes that it does not have the legal power to review the decision.
Applications for review must be lodged ON TIME
If you receive notification of a refusal or cancellation, check your decision letter carefully for the deadline to apply for review. The usual time limits are:
- 21 days for most visa refusals made while you are in Australia
- 7 working days if you are in immigration detention
- 70 days for sponsored or nominated applications decided while the applicant is outside Australia
If you miss the deadline, the ART usually cannot hear your case and you may lose your right to contest the decision.
Can I stay in Australia while my application is being reviewed?
Yes. Under normal circumstances, you will be eligible to apply for and receive a Bridging Visa with the same rights and conditions as your previous visa. Your Bridging Visa will last until your request for a review has been considered and a decision has been reached.
What can I do if the ART does not overturn the decision?
If the ART affirms the Department’s decision to refuse or cancel your visa, you have two options:
Application to the Federal Court: This option is suitable where you believe there has been a legal error in the decision made by the Department or the ART (or both).
Request for Ministerial intervention: You may also ask the Minister to use their personal power to grant you a visa. The Minister is not required to consider every request, so you will need strong and compelling circumstances for intervention to be likely.
Book your no-obligation consultation today with our Registered Migration Agents in Melbourne, and find out the right visa options for your unique circumstances.
Australian Migration Services
