There are many different types of visa appeal options depending on what decision has been made and who has made it. Often there are appeal options, but this is not always the case.
Frequently Asked Questions
What are some of the reasons for a visa, sponsorship or nomination refusal?
The reasons for your visa refusal can include:
- You did not meet the visa, sponsorship or nomination requirements when you lodged the application or by the time a decision was made
- You did not provide complete information when you lodged your application
- You did not respond to a request for further information about your application
- You did not complete required steps such as completing biometric testing
- You provided false or misleading information
- You did not provide enough evidence to support your application
- You do not meet the character grounds for the visa
- You do not meet the health requirements for the visa
What are my options if I receive a visa, sponsorship or nomination refusal?
It can be very distressing to receive a visa refusal decision. When this happens it is important to read the letter and decision record carefully. This way you will understand:
- The reasons for the visa, sponsorship or nomination refusal or cancellation
- If you have the right to appeal your decision (some refusal and cancellation decisions cannot be appealed)
- The timeframe available to lodge the appeal
- The relevant appeal body your appeal should be directed to
If you receive a visa, sponsorship or nomination refusal from the Department of Home Affairs you generally have 2 options:
1. Appeal the visa refusal decision to a tribunal or relevant court
Migration and Protection, Visa Cancellation and Citizenship decisions are most commonly reviewed by the Administrative Review Tribunal (ART). You can read more about this process on our Administrative Review Tribunal page.
Some decisions can only be appealed to the courts directed. For example, when the Minister for Immigration personally decides to cancel a visa based on character grounds. You can read more about this process on our Court appeals page.
It is important to receive immigration advice from a lawyer before lodging your visa appeal so that you can learn if you have a chance of being successful. In some cases, a visa appeal cannot win because certain visa criteria have not been met.
2. Apply for a new visa
In some circumstances, the best action to take is to apply for a new visa. This may be the case if your visa appeal will not win or if it will be quicker or cheaper to lodge a new visa application. To apply for a new visa, you need to meet the requirements of that visa and not be subject to any visa bars.
If you have received a visa refusal, our migration lawyers are able to advise you on the best migration strategy based on your circumstances if you have received a visa refusal. It is also important to act quickly, as there are strict deadlines for appealing a visa, sponsorship or nomination refusal.
Can I appeal a visa, sponsorship or nomination refusal or cancellation decision in Australia?
Most Australian visa, sponsorship or nomination refusals decisions are appealable if you are within Australia. Some decisions cannot be appealed if the original application was lodged offshore and there is no sponsor in Australia or if the decision is made whilst you are not in Australia.
You should read your visa refusal notice carefully because each decision is different. This letter should advise:
- If you have the right to appeal your decision
- The timeframe available to lodge the appeal
- The relevant appeal body your appeal should be directed to
If your letter does not outline this information, we suggest that you obtain legal advice.
The most common place to appeal a negative decision to is the Administrative Review Tribunal (ART). There are strict time limits when appealing to the ART so it is very important to read the appeal deadline in your visa refusal letter carefully. Unfortunately, ART appeal deadlines cannot be extended.
Some negative decisions are appealed to the courts instead. For example, when the Minister for Immigration personally decides to refuse a visa based on character grounds.
We recommend that you receive immigration advice from a lawyer before lodging your visa appeal so that you can learn if your visa appeal is likely to win. In some cases, a visa appeal cannot win because certain visa criteria have not been met. In other situations, a quicker or less expensive solution to appealing the visa refusal may be available there may be a quicker or cheaper solution to appealing the visa refusal, such as applying for another visa. Our migration lawyers are experts at advising you on the best option for your circumstances.
What are the requirements for a visa refusal appeal?
To appeal a visa refusal decision, you must:
- Have received a visa refusal decision record (this should be attached to your appeal application)
- Meet the jurisdiction requirements (for example the tribunal or court must have the power to review the decision including the type of decision and where the person is when the decision is made)
- Lodge the appeal paperwork with the relevant appeal body (generally online or in person)
- Lodge the appeal paperwork within the relevant deadline
- Pay the relevant appeals fee (some appeals are free or have the option of having the fee reduced or waived)
Most commonly you will lodge a visa refusal appeal with the Administrative Review Tribunal (ART). You can find more information about the ART appeals process on our ART page. In some cases, you may instead appeal to the Federal Circuit Court, the Federal Court and in some cases with the High Court of Australia.
Where is an Australian visa, sponsorship or nomination refusal or cancellation appeal heard?
Australian visa, sponsorship or nomination refusal or cancellation appeals are most commonly lodged with the Administrative Review Tribunal (ART), however, in some cases, you may need to appeal to the Federal Circuit Court, the Federal Court of Australia and in some cases with the High Court of Australia. You should read your visa refusal notice carefully to understand which appeal body is relevant in your case.
ART appeals generally include a hearing. The hearing will typically be held at the ART in a hearing room or online by video with an ART Tribunal Member. Each Australian state and territory has their own ART location. The ART will write to you and inform you of the date, time and location of your hearing. They will also advise you if an interpreter has been booked for your hearing.
In many ART appeals, the hearing will take place in person, however, under certain circumstances, you may be requested to attend your hearing via telephone or video conference.
An ART hearing is an important opportunity to tell your story in detail and address any issues that you may have found in the Departmental visa, sponsorship or nomination refusal or cancellation decision. It is important to be well prepared for the hearing, to have supportive evidence and to ensure all the legal criteria are met in order to have a successful appeal. For information regarding ART hearings, you can visit our Administrative Review Tribunals page.
If your negative decision cannot not able to be appealed to the ART, or if you have received a negative decision at the ART, you may be able to appeal your decision to a court. Court hearings are very different to Tribunal hearings as they generally involve more technical legal arguments. Learn more about Court appeals.
Can I apply for another visa after receiving a visa refusal?
In some circumstances, you can apply again for another visa after you have received a visa refusal. To apply for a new visa, you need to meet the requirements of that visa and not be subject to any visa bars. In some cases, you may need to leave Australia to lodge the new visa application.
We recommend that you obtain migration advice before lodging any further visa applications to ensure you are eligible.
Do I receive a refund if I receive a visa refusal decision?
Unfortunately, if you receive a visa refusal decision in most cases you do not receive a refund of the visa application charge.
The department may issue a refund in the following circumstances:
- Incorrect visa type lodged
- You applied for the wrong visa and lodge a subsequent application for the correct visa
- Death of applicant or payer
- Applicant dies before a decision is made on the application
- Payer dies (requires proof such as death certificate and legal authority documents)
- Ministerial or departmental error
- Application was not required or accepted due to departmental mistake
- Duplicate payment
- Same visa application charge paid twice
- Visa not considered
- Application was invalid and not assessed under the Migration Act
- Special legislative provisions
- Refund allowed under specific regulations (e.g., certain subclasses or ballot situations)
Book a free 10 minute consultation online with one of our immigrations lawyers to discuss appealing a visa decision and how we can help.