Visa Refusals

Visa refusals occur when a visa application that has been submitted to the Department of Home Affairs is declined. The refusal can be made on the basis of a number of factors, including ineligibility, a lack of evidence or documentation, character issues, health issues, fraudulent documents and so on. In many cases, the decision on  a visa refusal can be reviewed through the Administrative Review Tribunal (ART). 

The Administrative Appeals Tribunal (AAT) was abolished and replaced by the ART on 14 October 2024.

Appeals – Administrative Review Tribunal (ART)

Our team regularly manage appeals through the ART, and understand the requirements that the ART requires to be met in order for them to overturn a DHA delegate’s decision.

Judicial review – Federal Circuit and Family Court of Australia

An eligible migration decision may be challenged in the Federal Circuit and Family Court of Australia on a question of legal error. Judicial review is different from an ART merits review: the court does not simply reconsider whether it prefers a different visa outcome. 

Refusals, Cancellations – How We Can Help

If your visa is refused or cancelled, seek advice immediately. Review rights and strict time limits depend on the decision, how it was notified and whether you are in immigration detention. Check the decision letter straight away rather than assuming a standard deadline. Judicial review applications must generally be filed within 35 days of the migration decision; the court can extend that period in appropriate cases. A migration lawyer can assess the available review pathway and the deadline that applies.

We can assist you with the following common situations:

• Student visa refusals
• Partner visa refusals
• Sponsorship refusals
• Nomination refusals
• 482 Skills in Demand, 186 and 494 refusals
• ART refusals
• Advice about judicial review options

Visa Cancellations

If your visa has been cancelled, due to a breach of conditions or any other reason, it doesn’t necessarily mean that you need to depart Australia. There are several strategies available, but again you will need to act quickly owing to limited timelines set by legislation.

Common cancellations include:

• Student cancellations
• Character based cancellations
• Partner visa cancellations
• Employer sponsored visa cancellations, including subclasses 186 and 494
• 482 Skills in Demand visa cancellations

Requests For More Information (RFI)

After an application has been submitted to the DHA, case officers can request additional material if they decide there is insufficient evidence, or the application is incomplete in some way. If an RFI is not responded to, the chance of a visa refusal is high. If you have been the subject of an RFI we can assist you in addressing the case officer’s concerns and providing the strongest evidence possible to the DHA.

If you would like to speak with our migration agents or lawyers about a refusal, cancellation or RFI, then book in a consultation so that we can review your situation.

From 1 July 2026, the ART application fee for most migration reviews under Part 5 of the Migration Act is AUD3,727. Different fees apply to character-related and protection reviews. A 50% hardship reduction may be available. For these migration reviews, 50% of the fee paid is refunded if the decision is set aside or varied, or the matter is remitted to Home Affairs. See the ART fee rules and the court application guidance.