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Visa Refusal or Cancellation

Has your application been refused or cancelled? Or perhaps you’ve received a Notice of Intention to Consider Cancellation (NOICC)?

We can assist with your Administrative Review Tribunal (ART) review and complex migration issues.

If you’re facing a visa refusal, cancellation, or need to appeal a decision, taking immediate action is crucial. Australia’s immigration laws are complex, and navigating the appeals process can be challenging.

Strict time limits apply for lodging an appeal—some cases allow only 2 to 5 working days to take action. Delays could mean losing the opportunity to challenge the decision.

To protect your options, we strongly recommend seeking professional advice as soon as possible to understand your rights and explore the best course of action.

When applying for an Australian visa, it is up to the applicant to present the strongest case with relevant evidence to support their application. Case officers do not revisit their decisions. Once the Department of Home Affairs (DOHA) has cancelled your visa or refused your application for a visa, you will be given notice about the visa refusal or cancellation in writing, including whether the decision can be reviewed.

The first step is to seek a review by lodging an independent Merits Review through the Administrative Review Tribunal.

There are strict time limits on your right to review or apply for an appeal. If you do not act in time, you will lose your right to review

Merits Review – Administrative Review Tribunal (ART)

The Administrative Review Tribunal is not part of the Department of Home Affairs. It is an independent body that can review the department’s decision to refuse or cancel a visa.
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Ministerial Intervention

In limited circumstances, it is possible to seek ministerial intervention after receiving an unfavourable decision from the tribunal. Under the Migration Act 1958, the Minister for Immigration has the power to intervene and grant a visa on public interest grounds.
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FAQs for Appeals and Reviews

There are a few common issues that can lead to a visa cancellation or refusal. When this happens, you may find you are prohibited from applying for future visas for a set period. The most common visa refusal and cancellation related questions include:

  1. How long do I have to make an appeal to the Administrative Review Tribunal?
    The length of time varies dependent on location and type of visa that is refused. Most refusal decisions must be appealed within 21 or 28 days after notification of the refusal.
  2. How much does an Administrative Review Tribunal application cost?
    As of 1 July 2024, the application fee is $3,496
  3. How long does the appeal process take?
    Unfortunately a lot of appeals are currently taking several months (even years) to process.
  4. Why is the process taking so long?
    Certainly, the delays in processing appeals can be frustrating. Many factors contribute to these extended timelines, including the volume of appeals received, complexity of cases, staffing issues, and procedural requirements.
  5. What will my visa status be after I lodge an appeal with the ART?
    Your Bridging Visa will automatically be extended upon lodgement of your review application.
  6. What to do if your visa is refused or cancelled?
    If your visa is refused or cancelled, make sure you respond quickly by getting the assistance of one of our registered migration agents.

Migration Downunder acknowledges the Traditional Owners of the lands as Australia’s First Peoples and recognise their continuing connection to lands, water and country. We pay our respects to First Nations peoples and their Elders, past and present.

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