Complex Migration Issues | Administrative Review Tribunal

Visa Refused? Or Visa Cancelled? Don’t panic.

Our Registered Migration Agents servicing Perth, Melbourne and Sydney are highly experienced in assisting with complex issues. We can also engage the services of Immigration Lawyers if court proceedings are required.

We understand having your visa refused or visa cancelled can raise a lot of questions, so we’ve provided some answers to common visa appeal questions. Because the circumstances for a visa appeal are different for each case, it can be beneficial to seek professional advice if you’d like to proceed with a visa review with the Administrative Review Tribunal (ART).

What if my visa application is refused or my visa is cancelled?

If you have had your visa refused or visa cancelled, you may be able to have the decision reviewed by the ART through a visa appeal. Whether you can appeal the Department of Home Affairs’ refusal decision depends on whether your application meets several factors outlined in Australia’s migration legislation. This requires a detailed assessment, which can be a difficult task if you do not fully understand how Australian migration law applies to your case. That’s why it helps to have an experienced migration agent assess your circumstances to determine if you are able to appeal the visa decision.

Unfortunately, having your visa refused the Department of Home Affairs requires you to act quickly. You will need to decide if you would like the decision reviewed by the Administrative Review Tribunal within the time frame noted on your refusal notice to avoid legally having to return to your home country. An experienced migration agent can provide you with the direction to move forward within the time frame.

Why has my visa application been refused?

There are many possible reasons why your visa application could have been refused or why you have had your visa cancelled. Without a solid grasp of the visa process and requirements it is easy to mistakes, errors or misjudgements in your application without realising it.

Usually your refusal letter from the Department of Home Affairs will provide a brief explanation as to why your visa was refused. However, you may still be unclear about why it was rejected and what may have led the Department to reach their decision, which are very important pieces of information. An assessment of your application by an experienced migration agent can help you understand why the Department refused your visa and whether you can appeal or have the decision reviewed by the Administrative Review Tribunal.

There are a number of reasons a visa could be refused or cancelled, including insufficient evidence to support the claims made in the application, changes in government policy or a breach in visa conditions. The Department may also believe you will not meet the visa conditions or health and character requirements. Any incorrect or false claims can also lead to a visa refusal.

What is the process to have your visa decision reviewed with the Administrative Review Tribunal?

If you would like to have your visa decision reviewed, you will need to go through the Merits Review process with the Australian Administrative Review Tribunal (ART). The ART may have the power to review the decision on your visa. When you submit a visa appeal to review the decision to have your visa refused or visa cancelled, the ART undertakes a merits review to assess your application in line with Australia’s migration legislation. (Specifically The Migration Act 1958 and the Migration Regulations).

Because the Administrative Review Tribunal reviews your application under the same laws used by the Department of Home Affairs, you will need to have enough evidence to demonstrate to the ART that you meet the conditions and requirements of your visa. This requires careful consideration to ensure you are putting forward a strong case to challenge the decision to have your visa refused or visa cancelled.

As part of the review process, the Administrative Review Tribunal will review the documents you provided for your original application. They will review the facts provided and the laws relating to the decision to make an independent assessment on whether your visa should be granted. During the process, the ART may ask you to comment on the information provided and they may ask for further information. You may wish to consider nominating a registered migration agent to provide written submissions and evidence on your behalf.

Following this, the Administrative Review Tribunal may believe they have enough information to decide on your case. If not, they may invite you to present your argument at a hearing. Read our case study to understand how we assist with the visa application refusal process.

Once your application has been reviewed, the ART will either affirm or change the visa decision made by the Department of Home Affairs or return your application to the Department to be reconsidered with specific directions. If your visa appeal is unsuccessful, you may have two further options – an Application to Federal Court or Application for Ministerial Intervention.

An Application for Ministerial Intervention involves requesting the Minister to review your case if you have very strong reasons to do so. An application to Federal Court for a visa appeal is usually done in limited cases if the ART has made a legal error.

Visa Refused Cases | How Interstaff can help

The visa appeal process requires meticulous attention to detail and a solid understanding of how Australia’s migration laws apply so that you can put forward a strong case for review. We understand it can be very stressful to have your future in Australia hanging in the balance, not to mention a time limit to prepare your appeal.

Have you had your visa refused and are concerned about staying in Australia? Now is the time to get professional advice from a migration agent. We can provide valuable advice on how you can present your evidence in a way that meets the requirements of the Administrative Review Tribunal.

Interstaff have over 35 years of experience helping individuals, business and families. We are known for our ability to assist with complex cases such as visa refusal and visa cancellation appeals. Challenging a decision by the Department of Home Affairs isn’t easy, but our team has done so successfully countless times.

If you are looking for a migration agent with visa refusal and cancellation experience, we would be happy to assist you. The first step is to contact us on (08) 9221 3388 or here to arrange a consultation. A consultation will enable us to conduct a detailed assessment on your case.

During a consultation we can help you understand whether you can appeal or apply for a review of your visa decision. Interstaff are an ethical and responsible migration agency and we will advise with honesty and integrity if we believe you have a case for appeal or review.