Rejection and visa cancellation can be stressful, confusing, and overwhelming. A refused or cancelled visa can affect your chances of staying in Australia, applying for another visa, or returning in the future. You might also wonder, if my visa is cancelled can I apply again Australia or how long after a visa refusal can I apply in Australia. We are registered migration agents in Canberra at Classic Migration, and we assist our clients in understanding what they can and cannot do, how to prepare a strong appeal, and how to navigate the Administrative Review Tribunal (ART) process.
This page explains visa refusal appeals and cancellations in plain terms, outlines time limits, costs such as visa refusal appeal cost, and describes what to expect at each step.
Speak with a registered migration agent today and understand your next steps.
In many cases, yes, but not always. If the Department of Home Affairs rejects or cancels your visa, you may be able to contest the decision with the Administrative Review Tribunal (ART). The refusal or cancellation letter will clearly state whether you have the right to review, who can conduct the review, and how long you have to submit the appeal.
As a rule, the person who applies for the review is the one referred to in the visa application (or the visa holder).
The Tribunal reconsiders the decision afresh and determines whether it was correct under Australian migration law.
Deadlines on appeal vary depending on the location at which the visa decision was made:
Failure to meet the deadline might mean that you cannot appeal hence you need to do it immediately.
Processing Time: The time taken to process a visa depends on the type of visa and the specifics of your case:
Cases involving character are usually more time-consuming than other appeals.
The Administrative Review Tribunal (ART) is a separate institution that appeals against visa refusals and visa cancellations of the Department of Home Affairs.
ART replaced the former Administrative Appeals Tribunal (AAT) on 14 October 2024.
By applying to the ART, the Tribunal considers your case afresh. This is referred to as a merits review, which means the decision is reviewed based on the law and the evidence.
The Tribunal can:
This means an appeal can lead to your visa being granted or the cancellation reversed. The ART process is structured in a way that is just and open to everyone, yet the decision-making is done by the experienced Tribunal members who can alter the fate of your case.
We assist you in developing and presenting your case effectively and clearly so that your appeal has the best chance of success.
In most cases, the person who may apply to have the visa reviewed is the visa applicant or the holder of the existing visa.
Your decision letter will make it clear that you have the right to apply and the deadline for applying. The review can only be lodged by the individual whose visa was denied or cancelled.
If you are not the visa applicant or visa holder (e.g., a sponsor or other third party), so you are generally ineligible to apply. The ART will reject applications submitted by an individual who is not entitled.
You can request an ART review in case:
There are some decisions that are not reviewable, such as ministerial or public-interest decisions.
Submitting an application to an ART review is quite easy, but it must be completed properly and on time. The simplest way to apply is through the ART online portal. You will require your Department decision notice, your personal details and supporting documents.
In case you are not able to do it online, you can use a paper application:
Those forms may be downloaded and sent by post.
A copy of the visa refusal or cancellation letter should be attached to your application if available. If you do not have the letter, you must provide information about the decision and evidence of your identity.
We have migration agents who can prepare and submit your application on your behalf, ensuring all necessary information is provided. At the time of lodgement, an application fee is to be paid.
The Tribunal has fixed the Administrative Review Tribunal (ART) application fee, which you need to pay when you submit your appeal (within 6 weeks). Your appeal will not be handled by the Tribunal without payment of the fee. A part of the fee can be refunded in case of a successful appeal, and reductions of the fees can be offered in cases of financial necessity.
Our office can guide you on fee reductions or exemptions and help ensure the payment is made properly.
After you have submitted your application, the Tribunal will then send you a written confirmation.
After that:
All the information will be reviewed by the Tribunal, and a final decision will be made.
Important to Know
The Tribunal hearing is where you present reasons as to why the visa decision should be changed. It is a formal process that is less formal than a court.
At the hearing:
The hearings typically last several hours, but more complex cases may require additional time.
In other instances, the member of the tribunal can make a ruling during the hearing. In more cases, the decision is given in writing several weeks afterwards.
The time of tribunal reviews may be lengthy, and the processing times are different according to a number of factors, among them being:
The ART migration review process is estimated to take an average of 6-18 months, but the process can be extended.
Based on published ART data:
It can take weeks to resolve simple issues, including a few bridging visa cases. More complex ones, such as partner or skilled visas, can also take more than a year.
These periods are only approximate. Critical or sensitive issues can be given priority.
We will update you on the anticipated schedules and, where necessary, assist you in requesting expedited processing.
Cases of visa refusals or cancellations on the basis of character grounds (mostly section 501 of the Migration Act) are more complicated than other cases. Such decisions usually involve criminal histories, risk assessments, and public-interest factors.
Important Things to Know
As an illustration, in case you were found guilty of 12 months or more in jail, or serious sexual crimes, the visa can be cancelled, and the Tribunal is not allowed to hear that decision.
In case your appeal to the Tribunal is denied, the initial visa decision will persist.
This means:
Possible Next Steps
When you are not successful in your appeal, you still have a few options, which include:
In other cases, the visa refusal or cancellations could impact on the future application and lead to waiting durations or visa restrictions.
We will explain to you what to do and the direction you should take, as to whether you should have your case heard in the court or use another route with the aim of protecting your rights and future prospects in Australia.
When you get a visa rejection and cancellation, the right assistance is necessary. Classic Migration, known as one of the best migration agents in Canberra, provides clear advice, honest guidance, and trusted support throughout the appeal process.
If your visa has been refused or cancelled, contact our Canberra office at +61435657000 /+61261002373 to book a consultation. You can speak with us by phone or meet us in person.