+61 2 9025 3513
+61 404 608 559

Visa Appeal

Has Your Visa or Citizenship Application Been Refused?

Receiving a refusal from the Department of Home Affairs (DHA) for a visa or citizenship application can be distressing. Understanding the reasons behind a refusal is the first step towards determining your options for appeal or further action.
Common Reasons for Refusal
  • Not meeting the eligibility criteria for granting a visa or citizenship
  • Providing false or misleading information, including bogus documents, to the DHA
  • Being subject to a bar from entering Australia
  • Sponsorship not being approved by the DHA
  • Failure to notify the DHA about changes in your circumstances
  • Failure to provide further information when requested by the DHA

Has Your Visa Been Cancelled?

Visa cancellations may occur for various reasons, sometimes unexpectedly. Knowing the grounds for cancellation can help you respond effectively.
Reasons for Visa Cancellation
  • Non-compliance with visa conditions
  • Failure to satisfy the character test
  • The original grounds for granting the visa no longer exist
  • Sponsorship has been withdrawn
  • Providing false or misleading information, including bogus documents, to the DHA

Your Rights to Appeal: Administrative Review Tribunal (ART) Review

If your application has been refused or your visa cancelled, you may have the right to appeal the decision. The decision letter from the DHA will outline whether the decision is reviewable by the Administrative Review Tribunal (ART) and specify who can apply for a review.
Who Can Apply for Review?
  • In some cases, only the visa applicant or former visa holder may apply
  • In other cases, the sponsor or a close relative may be eligible
  • Applicants may need to be within Australia at the time of the decision or when lodging the review application, or both

Note: If you are unsure of your eligibility, consult with our qualified migration adviser for guidance based on your individual circumstances.

How Aus Visa Solutions Can Help

AUS VISA SOLUTIONS provides expert advice on your situation. Our team can help you prepare and lodge an application for merit review to the Administrative Appeals Tribunal.

Our Process
  1. We analyse your matter, considering your unique circumstances.
  2. If we are satisfied that your case has reasonable prospects of success, we will prepare and submit supporting submissions for your application.
What Happens After Lodging Your Application?
  1. Your case is allocated to a Tribunal Member.
  2. You will be invited to attend a hearing to provide evidence and present your case.
  3. Some cases are decided on paper
Types of Tribunal Decisions
  • Affirm the decision: The Tribunal agrees with the original decision; no change occurs.
  • Vary the decision: The Tribunal changes the original decision.
  • Set aside and substitute a new decision: The Tribunal replaces the original decision with a new one.
  • Remit the decision: The Tribunal sends the matter back to the DHA to make a new decision.
Other Tribunal Outcomes
  • No jurisdiction: The Tribunal cannot review the decision, usually because the application is not valid.
  • Dismissal: The application may be dismissed if it has no merits, or the applicant fails to provide requested evidence on time, or does not attend the hearing. In these cases, the Minister’s original decision stands.

Ministerial Intervention

In certain circumstances, you may apply for Ministerial Intervention. The ART can refer the case to the Minister. The Minister for Home Affairs has the discretion to substitute a more favourable decision for the applicant. This is only available in limited and exceptional cases.

Important Deadlines

All review applications are subject to strict deadlines. Delaying may result in losing your right to appeal. Contact Aus Visa Solutions as a matter of urgency to discuss your options and ensure your application is lodged within the required timeframe.

Contact Information

If you have received a refusal or cancellation, do not wait. Reach out to Aus Visa Solutions for professional advice and support tailored to your situation. Our expertise can guide you through the complex appeals process and improve your chances of a successful outcome.