If your visa is refused.....

you can appeal the decision.

 

If your visa is refused, the Administrative Review Tribunal (ART) may review the refusal or cancellation decision. Depending on your specific circumstances, you may also be eligible to apply for a new visa or request ministerial intervention. It is crucial to act within the strict timeframes outlined in your decision notification letter.

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Visa Refusal:​

1. Definition:  

   • A visa refusal occurs when an applicant's visa application is not approved due to failing to meet visa requirements, such as insufficient documentation, eligibility issues, or failing health, character, or skills assessments.

2. Solutions:

   • Appeal to the ART: You can lodge an appeal with the ART within the specified timeframe (usually 28 days). 

   • Reapply for a visa: If the refusal wasn't due to serious issues like fraud or misrepresentation, you can potentially reapply for a visa, potentially addressing the reasons for the initial refusal. 

   • Ministerial Intervention: If the ART appeal is unsuccessful, you may be able to seek ministerial intervention. 

   • Judicial Review: In some cases, you can challenge the decision in the Federal Circuit and Family Court of Australia. 

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Visa Cancellation:

1. Definition

   • Visa cancellation happens after a visa has been granted, often due to breaches of visa conditions, such as overstaying, working illegally, or providing false information.

2. Solutions:​

   • Appeal to the ART: Similar to visa refusal, you can appeal cancellation decisions to the ART within the set timeframe. 

   • Apply for a new visa: You may be able to apply for a new visa, but this may depend on the reasons for cancellation and your immigration history. 

   • Ministerial Intervention: Ministerial intervention may be an option if the ART appeal is unsuccessful. 

   • Judicial Review: Challenging the decision in the Federal Circuit and Family Court is also a possibility. 

   • Depart Australia: If the cancellation is upheld or no appeal is lodged, you will be required to leave Australia. 

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Important Considerations:

1. Time Limits:

   • Strict time limits apply to appeals, so it's essential to act promptly upon receiving a decision notification. 

2. Legal Advice:

   • Seeking advice from a registered migration agent or immigration lawyer is recommended to understand your options and navigate the process effectively. 

3. Character Issues:

   • Refusal or cancellation based on character grounds (e.g., criminal history) may have significant implications for future visa applications. 

4. Impact on Future Applications:

   • Visa refusals or cancellations can affect future visa applications, so it's crucial to address the underlying issues and seek professional guidance. 

5. Immigration Detention:

   • In some cases, individuals may be held in immigration detention while their case is being reviewed. 

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Cost:

1. For most migration decisions:

   • The application fee is $3,580.

   • This fee applies to reviews of decisions other than those relating to protection visas. 

2. For protection visa decisions:

   • The application fee is $2,230.

   • This fee is specifically for reviewing decisions related to protection visas. 

3. Fee reduction:

   • A 50% fee reduction may be available if the ART is satisfied that paying the full fee would cause severe financial hardship.

   • To apply for a fee reduction, applicants usually need to pay the full fee initially and then apply for a refund.

   • The ART will consider the applicant's capacity to pay and whether paying the full fee would impact essential living expenses.

   • If the review is successful, a 50% refund of the total amount paid (either the full fee or the reduced fee) may be granted. 

4. Other fees:

   • Some decisions, such as those related to Commonwealth workers' compensation, family assistance, or social security payments, do not require an upfront application fee. 

   • For summons recipients, expenses such as transport and document reproduction costs may be claimed. 

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Processing Time: 

For most ART applications, the review process may take years. For specific questions, please feel free to contact us.

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