Visa Refusal Appeal
Have you received a notice of intention to cancel your visa or has your visa been refused?
Common Visa refusal reasons
- you have not met the conditions of a previous visa
- you did not provide enough information to prove the claims you made in your application
- you do not meet Australia’s health or character requirements
- you gave the wrong information, or made a false claim in your application (bogus documents or misleading information)
- For student visas, when you do not meet the Genuine Student (GS) requirement, for example when your chosen course is not in line with your previous studies or career plans
- Not showing that you are able to support yourself financially
- For employer sponsored visas, when the business sponsoring you is not viable or there is no genuine need, the pay is not according to market salary rates and many more.
You have a limited time to respond to a “Natural Justice Letter“.
Please complete the below form so we can assess your situation.
"*" indicates required fields
What if my visa application is refused or my visa is cancelled?
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Review Tribunal (ART). The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024.
Not all decisions are reviewable by the ART. For example, if the Minister personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot apply to have that decision reviewed by the ART. Your decision letter will say whether you have review rights, which body to apply to, and the deadline.
Administrative Review Tribunal
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal.
The ART is an independent body that reviews government decisions. It started on 14 October 2024 and took over all cases that were open at the AAT. The ART is organised into jurisdictional areas, and decisions made by the Department of Home Affairs are usually reviewed in:
- the Migration area, which reviews most visa refusals (including refusal of sponsorship or nomination) and visa cancellations;
- the Protection area, which reviews Protection visa decisions. The Immigration Assessment Authority (IAA) was abolished when the ART started, so fast track protection decisions are now also reviewed by the ART;
- other areas of the ART, which review character decisions (including under section 501 of the Migration Act 1958), citizenship decisions and decisions about registered migration agents.
The ART also has a Guidance and Appeals Panel, which hears a small number of cases that raise issues of significance or where a decision may contain a material error. Only the President of the ART can refer a migration or protection case to the Panel.
What will happen after review?
The Tribunal will make one of the following decisions:
Affirm:
This is when the ART agrees with the Department’s decision to cancel or refuse your visa, so the Department’s decision stands.
Set aside:
the Department’s decision, meaning the ART has the view that the decision should be changed. The ART may replace (substitute) the decision with a new decision.
Remit:
the Department’s decision, meaning the ART has the view that the decision must be reconsidered. The Department is required to reconsider the application having regard to the directions made by the ART. Remittal is the most common positive outcome in visa refusal cases.
No jurisdiction:
meaning the ART had no power to review the Department’s decision, for example because the application was made late or the decision is not reviewable.
If the ART sets aside or remits the decision, 50% of the application fee is usually refunded. See ART fees.
Apply for a review ON TIME
It is very important to understand and know that when you receive a refusal or cancellation letter it will state how many days you have to make an appeal for that decision. If you don’t do it on time you could lose the chance of your application being reviewed.
Time limits to apply for review
The deadline to apply is set out in your decision letter, and in most cases the Tribunal cannot extend it, so act quickly. As a general guide:
- Most decisions where you are in Australia: 28 days from when you are notified of the decision.
- If you are in immigration detention: much shorter limits apply, in some cases only a few working days.
- Character decisions: shorter limits often apply, for example 9 days.
- Court review of an ART decision: 35 days from the ART decision.
Time is counted from when you are taken to have received the decision. A decision sent by email or to your ImmiAccount is usually taken to be received on the day it is sent.
Can I stay in Australia while my application is being reviewed?
Yes, you would generally get a Bridging Visa which will have the carry the same conditions as your previous visa, i.e work or study rights. You will be able to stay in Australia for as long as it takes for the review application to be processed. This generally applies only if you were in Australia when you applied and held a bridging visa associated with the refused application. If you were not, ask us about your status as soon as possible. Review applications can take many months, and some are now decided on the papers without a hearing.
What are my options if my appeal fails at the ART?
If the outcome of the ART review is ‘Affirm’, you may have these further options:
Application to the Federal Circuit and Family Court: This is when you believe the ART made a legal (jurisdictional) error in its decision. You generally need to apply within 35 days of the ART decision, and the court does not reconsider the merits of your case.
Application for ministerial intervention: You can write to the Minister asking them to use their personal power to grant you a visa. Under the guidelines in place since September 2025, a request is only referred to the Minister if your circumstances meet one of the published criteria, such as being the parent of an Australian citizen or permanent resident child. The Minister does not have to consider your request.
Another visa: Depending on your situation and any bars that apply, such as the section 48 bar, you may be able to apply for a different visa.
Related news
- What the new migration reforms mean for you
- Australian visa changes from 1 July 2026
- Character requirements for Australian visas
- Mandatory visa cancellations based on a substantial criminal record
- Health requirement for Australian visas
- Reasons for Australian student visa refusal
- Reasons for Australian visitor visa refusal
- Family violence and partner visas
Book a meeting today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
Australian Migration Services
