Visa refusals or cancellations can feel like your entire future has been thrown off course, but it doesn’t have to end there.
At Australian Visa and Immigration Experts, we help people just like you understand their options and take the next right steps. Whether you’re dealing with a refusal or a cancellation, our expert team can guide you through appeal options like the Administrative Review Tribunal (ART), formerly the AAT, and help you put forward the strongest possible case.
Here’s what you need to know.
Why Are Australian Visas Refused or Cancelled?
There are many reasons a visa may be refused or cancelled, including:
- Not meeting visa requirements
- Missing deadlines or failing to respond to requests
- Errors in the application
- Concerns about character or health
- Changes in enrolment (for student visas)
- Providing incorrect or incomplete information
- Visa condition breaches
Some decisions are final, but others can be appealed. The first step is to fully understand why the decision was made. That’s where we come in.
Can You Appeal a Visa Refusal?
Sometimes. Many visa refusals can be appealed through the Administrative Review Tribunal (ART).
This independent body reviews decisions made by the Department of Home Affairs. If the ART finds in your favour, the Department is required to reassess your case based on the Tribunal’s findings.
But there are very strict deadlines.
Critical Appeal Timeframes
If you want to appeal a refusal or cancellation, timing is everything.
- Applications lodged in Australia: You generally have 28 days to appeal.
- Applications lodged outside Australia: You may have up to 70 days.
These deadlines cannot be extended. If you miss them, your appeal will not be considered, so get professional advice immediately.
Is There a Cost to Appeal?
Yes, there are fees involved. The application fee for a review of most migration decisions is $3,496.
What Happens If the ART Also Refuses Your Appeal?
If the ART also refuses your appeal, you may have the option to take your case to the Federal Court but only if a legal error occurred. This is a very complex process and requires legal support.
FAQs
1. Can I stay in Australia while waiting for my appeal?
Yes, in most cases, if you lodge your appeal before your current visa expires, you’ll be granted a bridging visa to remain in Australia while your case is reviewed.
2. What if I missed the deadline to appeal?
Unfortunately, ART deadlines are strict and cannot be extended. If you’ve missed the timeframe, we can explore whether other visa options might still be available.
3. Can I apply for a different visa instead of appealing?
This depends on your individual circumstances. In many cases, once a visa is refused or cancelled, options become limited. However, we can help you explore any alternatives.
4. How long does the appeal process take?
It varies depending on the type of visa and the complexity of the case. Some appeals are resolved in a few months, while others may take over a year. We’ll keep you informed every step of the way.
Let Us Help You Find a Path Forward
A visa refusal doesn’t have to be the end of your journey. With the right guidance, many people go on to successfully appeal or explore alternative options.
At AVIE, we can:
- Review your refusal or cancellation letter
- Identify your options and deadlines
- Help you understand what comes next, whether that’s an appeal or another visa pathway
Don’t Navigate This Alone
Visa refusals and cancellations are emotionally and legally complex. Don’t risk your future by trying to handle it on your own. Contact AVIE for expert advice and support, right when you need it most.
Get in touch with us to book a consultation.