Appeals
Got your visa refused or cancelled?
Find out the next steps.
Only the Minister or a delegate of the Minister grants, refuses or cancels visas
The Department cancels visas at its discretion. Your visa cannot be cancelled by your employer, your sponsor or your family member.
Visa application refusal and visa cancellation
When a visa application is refused or a visa is cancelled under section 501 of the Migration Act, unless the applicant already holds a protection visa, the person becomes an unlawful non-citizen.
Visa Cancellation
If you are in Australia or immigration clearance, the Department will notify you of their intention to consider cancelling your visa and give you the opportunity to provide reasons why your visa should not be cancelled.
Visa Refusal
If you are in Australia when you have had a visa application refused, you may be eligible to appeal the decision to a tribunal or a court. However, some visa refusals do not have a right of appeal if lodged offshore and there is no sponsor in Australia.
Enjoy what Australia has to offer
It is important to understand the differences between a visa refusal and a visa cancellation to assist you in managing your expectations and establishing the appropriate course of action.
Eligibility
Your eligibility to appeal a visa refusal decision or a visa cancellation requires a thorough investigation. Depending on your circumstances, we can guide you with what you will need, to assert the next course of action and if eligible, to put forward the best application for an Appeal possible.
Reasons for Refusal or Cancellation
Few of the reasons why a visa may be cancelled:
- not complying with your visa conditions
- not meeting the character requirements
- false information provided on your visa application
Some of the reasons why a visa may be refused:
- not having insufficient funds
- failing to meet health requirements
- failing to meet character requirements
- providing false information and/or fraudulent documents
- failing to meet English requirements
- breaching your previous visa conditions
- failing to provide response to the request for further information
- incomplete application form
- invalid passport
- missing documents
- ineligibility to apply for the visa category
The Appeal Process
Appeal – Administrative Appeals Tribunal (AAT)
AAT provides independent merits review of visa and visa-related decisions made by officers of the Department of Home Affairs (the Department) acting as delegates of the Minister. AAT can affirm, set aside or remit the decision under review.
- If a decision is affirmed, AAT has decided that the delegate’s decision should not be changed and that the delegate’s decision remains in force.
- If a decision is set aside, AAT have decided that the delegate’s decision should be changed and AAT may replace/substitute the delegate’s decision with a new decision.
- If a decision is remitted, AAT has decided that the delegate’s decision should be reconsidered and that the Department is required to reconsider the application with the AAT’s directions.
- If AAT has decide that they have no jurisdiction to review the delegate’s decision, it means that AAT has decided that they have no power to review the delegate’s decision.
If you believe that the AAT’s decision is wrong due to a mistake in law, seeking judicial review in the Federal Circuit and Family Court of Australia may be considered.
Next Steps
We understand that Australian immigration is complicated, and it is confusing to assert the best course of action after a visa refusal or a visa cancellation. Talk to us to find out the next steps.
