Visa Refusals and Reviews

A visa refusal or cancellation occurs when the Department of Home Affairs refused an application or cancels an existing visa.

Visa Refusals and Reviews (Visa Refusal / Cancellation)

A visa refusal or cancellation occurs when the Department of Home Affairs refused an application or cancels an existing visa. This can happen for a range of reasons, including failure to meet eligibility requirements, not providing sufficient evidence, health and character issues, or breaches of visa conditions.
For many applicants, this can be a stressful and overwhelming situation, but in most cases, options for review or appeal are available.

Common Reasons for Visa Refusals or Cancellations

  • Incomplete or incorrect application documents
  • Failure to meet health or character requirements
  • Not meeting the Genuine Temporary Entrant (GTE) requirement for student or temporary visas
  • Insufficient financial capacity shown in the application
  • Non-compliance with visa conditions (e.g., overstaying, work restrictions)
  • Providing false or misleading information

Options After a Visa Refusal or Cancellation

  • Merits Review (Administrative Review Tribunal – ART)
  • You may have the right to apply for a review of the decision at the ART.
  • The ART reassesses your case and can affirm, vary, set aside, or remit the decision.
  • Ministerial Intervention
  • In special circumstances, you can request the Minister for Immigration to personally intervene if your situation is compelling and unique.
  • Judicial Review
  • If there are legal errors in the decision-making process, you may appeal to the Federal Circuit Court or other higher courts.
  • New Visa Application
  • In some cases, it may be better to lodge a new visa application instead of appealing, depending on your eligibility and timing.

Importance of Acting Quickly

Strict time limits apply for appeals, often only a matter of days after a refusal or cancellation notice. Missing this deadline may remove your right to review completely. Seeking professional advice immediately after receiving a refusal or cancellation notice is critical.

How We Can Help

  • Case Assessment: We review your refusal or cancellation notice to understand the reasons.
  • Strategic Advice: We identify the best option - ART review, ministerial intervention, or new application.
  • Representation: We prepare detailed submissions and represent you in hearings to maximize your chances of success.
  • Ongoing Support: Guiding you through the entire process with transparency and care.

Meet Our Experts

Sonal Agrawal

Managing Director
1169617

Deepak Agrawal

Principal Migration

Kirby

Principal Migration

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