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Appealing a Visa Refusal or Cancellation
If your visa application is refused or cancelled in Australia, you may be able to apply for a “merits review” of that decision to the Migration and Refugee (M&R) Division of the Administrative Review Tribunal (ART), provided your visa type allows for review. Typically, applicants onshore or with sponsorship (such as employer-sponsored or partner visas) have appeal rights. The appeal must be lodged within a strict timeframe stated by legislation and fees apply. During the review, the ART reassesses the decision based on new or existing evidence. If the appeal is unsuccessful, further options include ministerial intervention or judicial review under exceptional circumstances. Note: In October 2024, the ART replaced the former Administrative Appeals Tribunal (AAT). All matters before the former-AAT have been moved to the ART.
overview
Has your visa application been refused or cancelled? While this can feel like a setback, there
are still options available to you. With the right guidance, it’s possible to turn things around
and get your visa approved even after a refusal.
If your visa has been refused by the department, in most cases, you have the right to appeal
the decision through Administrative Review Tribunal (ART). You can even apply to a higher
decision-making body, such as the Federal Court of Australia, which can review the
decision and, in some cases, overturn it.
By November 2024, there are over 35,000 active cases waiting to be finalized. However,
between October and November 2024, 58% of finalized cases were successfully
approved—showing that with the right guidance and a strong application, you have a real
chance of getting a positive outcome.
In addition, if your visa was cancelled or refused, you may still be eligible to apply for a new
visa while you are in Australia, within a specific timeframe. This means you can avoid being
unlawfully in the country and continue your journey without leaving Australia.
The process can be complex and overwhelming, but don’t worry—we are here to help you
navigate the appeal or reapplication process, ensuring you understand your options and
maximize your chances of success.
Come and discuss your options with us today! Let’s work together to find the best solution
for your situation and get your visa journey back on track.