Specialist lawyers helping clients move forward after visa refusals and cancellations
Receiving a visa refusal or cancellation can be overwhelming. In some cases, the decision may be reviewed, and there may still be a pathway forward.
At Kindra Migration Lawyers, we help clients understand their options, meet critical deadlines, and navigate the path forward with confidence.
When your future in Australia feels uncertain, having experienced legal guidance can make all the difference.
Received a visa refusal? You don't need to figure this out on your own.
A visa refusal or cancellation does not always mean your options have run out. Depending on your circumstances, the Administrative Review Tribunal (ART) may be able to review the decision. The key is understanding your options and acting before any review deadlines expire.
What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is an independent body that reviews certain visa decisions made by the Department of Home Affairs.
For many people, an ART appeal provides an opportunity to have their case reconsidered and present additional evidence that may not have been available during the original application.
Why an ART appeal can matter
Independent review
The ART is separate from the Department and reviews your case independently.
New evidence can be considered
You may be able to provide additional documents, information and supporting evidence to strengthen your case.
An opportunity to be heard
The Tribunal may invite you to provide more information or attend a hearing and explain your circumstances directly.
A fresh look at the decision
The ART reviews the matter on its merits and may decide that the original decision should be changed.
Important:
Many ART review applications must be lodged within 9 to 28 days of the refusal or cancellation decision. Missing the deadline may mean losing your right to have the decision reviewed.
Have more questions? Explore our full FAQ guide.
How can Kindra Migration Lawyers help?
A review application is only part of the process. Success often depends on the quality of the evidence, legal submissions, and overall case strategy.
As specialists in visa refusals and cancellations, Kindra Migration Lawyers helps clients identify the strongest grounds for review, prepare compelling evidence, and present their case as effectively as possible.
Experience matters when important deadlines and life-changing outcomes are involved.
Our process
Review
We review your visa refusal or cancellation decision and identify the options available to you.
Strategy
We explain the most appropriate pathway forward and any important deadlines that may apply.
Prepare
We help gather evidence, consider any relevant experts, prepare your statement, draft legal submissions, and build the strongest possible case.
Advocate
We guide and represent you throughout the review process, including any scheduled hearings, keeping you informed every step of the way.
Ready to understand where you stand?
Success stories
Every case is different, but a refusal does not always mean the end of the road.
Permanent residency restored after visa cancellation
Employer Nomination Scheme (Subclass 186)
Issue: The Department cancelled a permanent visa after alleging incorrect information and bogus documents were provided during the application process.
Result: Appeal upheld. The ART found the client had acted honestly, set aside the visa cancellation, and restored their permanent residency.
Family ties help overturn visa cancellation
Special Category (Subclass 444)
Issue: A visa was cancelled under the character provisions following a criminal conviction, despite the client having strong family ties in Australia.
Result: Appeal upheld. The ART revoked the cancellation, allowing the client to remain in Australia with their family.
Employer nomination refusal overturned
Employer Nomination Scheme (Subclass 186)
Issue: The Department refused both the employer nomination and visa after questioning whether the nominated position was a genuine full-time skilled role.
Result: Appeal upheld. The nomination was approved, and the client’s pathway to permanent residency was restored.
Partner visa refusal overturned after proving a genuine relationship
Partner (Subclass 820)
Issue: The Department refused the application after questioning whether the relationship was genuine and ongoing.
Result: Appeal upheld. The ART accepted that the relationship met the legal requirements and overturned the refusal.
Student visa refusal overturned after genuine study intentions accepted
Student (Subclass 500)
Issue: The Department refused the visa after concluding the applicant was not a genuine student because of study interruptions, health issues and concerns about future migration intentions.
Result: Appeal upheld. The ART accepted that the Genuine Student requirement had been met and set aside the refusal.
Protection visa refusal overturned despite credibility concerns
Protection (Subclass 866)
Issue: The Department rejected key aspects of the applicant’s claims and concluded they would not face serious harm if returned to their home country.
Result: Appeal upheld. The ART recognised Australia’s protection obligations under complementary protection and overturned the refusal.
Frequently asked questions
Can I appeal a visa refusal?
Most visa refusals can be reviewed, depending on the decision and your circumstances. Generally, if you are onshore (in Australia) at the time of the refusal decision, you are likely to be able to appeal the refusal. In some circumstances, you can also appeal the decision if you are outside Australia.
It is important to understand the type of visa refusal decision you have received and what the relevant timeframe may be.
Can I appeal a visa cancellation?
It can depend on the circumstances of your visa cancellation. In some circumstances, seeking a revocation of the cancellation may be the suitable next step. In other situations, such as when the Minister for Immigration used their personal powers to cancel your visa, it may be that the only option is to appeal the cancellation decision to the Federal Court.
In assessing the right next step for you and any relevant deadlines, we will need to review your paperwork to understand what type of visa was cancelled, the cancellation power that was used and who made the decision.
How long do I have to appeal?
The deadline to apply for an Administrative Review Tribunal (ART) review depends on the type of visa decision you received. These time limits are strict, and in many cases, the ART cannot accept a late application.
Common review timeframes include:
- Partner visa refusals: Usually 28 days
- Student visa refusals: Usually 28 days
- Skilled and employer-sponsored visa refusals: Usually 28 days
- Protection visa decisions: Often 28 days
- Some visa cancellation decisions (including certain character cancellations): As little as 9 days
- If you are in immigration detention, your timeframe to appeal to the ART may be only 14 days.
Your refusal or cancellation letter will usually state whether you have review rights and the deadline to apply. However, errors can occasionally occur, and the applicable time limit depends on the legislation governing your decision. If you are unsure, seek legal advice as soon as possible. Missing the deadline may mean losing your right to have the decision reviewed by the ART.
What happens if I miss the deadline?
Deadlines are critical. If you do not lodge your application on time, the Tribunal cannot consider your case, and you may lose your right to review. There can be strategies used where you missed a deadline, including considering whether notification of the refusal decision by the Department of Home Affairs has been completed correctly or if there may be other errors or appeal pathways suitable for you. We recommend you obtain advice as soon as you become aware of a refusal decision.
Why is the ART appeal important?
The ART stage is important because it is often the last opportunity for you to tell your story and put forward the reasons why you should be granted the visa. If you are unsuccessful with your ART appeal, it may be that the next legal option is to consider appealing to the court. Appealing to court can be technical, costly, time-consuming and have a limited chance of success. Generally, courts are not interested in considering further evidence related to your visa application.
Can I stay in Australia while an appeal is underway?
This depends on your visa status and circumstances. Most people are eligible for a bridging visa while their appeal at the Administrative Review Tribunal is being considered. In some instances, the bridging visa may be automatically extended once you apply for review (in time) to the ART. In other cases, you may need to apply for a bridging visa to remain lawful.
Do I need a lawyer?
While not required, many people choose representation because ART review matters can be complex and time-sensitive. Experienced lawyers are also able to develop a strategy on how to best achieve your goals, including whether there are other visa pathways that may be suitable to pursue at the same time as your ART appeal.
Unsure where you stand?
Every refusal is different, but a refusal does not always mean the end of the road. A consultation can help you understand your options, identify important deadlines, and determine the strongest way forward.
Standard video consultation
Speak with our migration lawyers by video from anywhere in Australia or overseas.
Standard onsite consultation (Melbourne)
Meet our migration lawyers in person at our Melbourne office.
Standard onsite consultation (Brisbane)
Meet our migration lawyers in person at our Brisbane office.
Supporting clients across Australia
Our migration lawyers are based in Melbourne and Brisbane and regularly represent clients at the Administrative Review Tribunal (ART) hearings across Australia. We also offer video consultations, making it easy to access legal advice wherever you are.
Melbourne Office
Meet with our migration lawyers in person at our Melbourne office or by video.
Brisbane Office
Access experienced migration lawyers from our Brisbane office or book a video consultation.
Sydney Hearings
Our lawyers regularly travel to Sydney to represent clients at ART hearings when required.
Adelaide Hearings
We also regularly travel to Adelaide for ART hearings and support clients throughout South Australia.