Visa Refusal or Cancellation in Australia

Administrative Review Tribunal (ART) Appeals & Your Legal Options

​

If your Australian visa has been refused or cancelled, you may still have options.

Many migration decisions can be reviewed by the Administrative Review Tribunal (ART). However, strict time limits apply. Failing to act within the required period may result in the loss of your review rights.

Australian Portal Immigration (API) assists clients across Australia with visa refusal and cancellation matters, including representation before the ART.

 

Why Are Australian Visas Refused or Cancelled?

The Department of Home Affairs may refuse or cancel a visa for various reasons. Common grounds include:

​

1. Character Concerns

Applicants who do not satisfy character requirements under the Migration Act may face refusal or cancellation.

​

2. Breach of Visa Conditions

Non-compliance with visa conditions, such as working beyond permitted hours or failing to maintain enrolment, may result in cancellation.

​

3. False or Misleading Information

Providing incorrect, incomplete or misleading information — whether intentional or not — can lead to refusal or cancellation.

​

4. Health Requirements

Certain visas require applicants to meet health criteria. If a condition is considered to impose significant cost or risk, refusal may occur.

​

5. Not meeting the visa criteria

Each visa category has strict eligibility criteria under the Migration Act and Migration Regulations. If even one required element is not met, the application may be refused.

​

Common examples include:

• Not meeting the required level of English language proficiency

• Insufficient skilled work experience for a skilled migration visa

• A negative or incorrect skills assessment

• Not having the claimed points score for a points-tested visa

• Employer nomination not meeting labour market or salary requirements

• Relationship evidence being insufficient for a Partner visa

​

6. Insufficient Financial Capacity

Failure to demonstrate adequate financial support where required may result in refusal.

​

7. Overstaying or Previous Visa Breaches

A history of overstaying or non-compliance can negatively impact future applications.

​

8. Sponsorship or Nomination Issues

For employer-sponsored visas, issues with the sponsor’s compliance or nomination decision may affect the visa outcome.

​

9. Genuine Student Requirement

Student visa applicants must now satisfy the Genuine Student requirement (previously the Genuine Temporary Entrant requirement). If the Department is not satisfied that the applicant meets this criterion, the visa may be refused.

​

Can You Appeal a Visa Refusal or Cancellation?

Many visa refusal and cancellation decisions can be reviewed by the Administrative Review Tribunal (ART).

The ART conducts a merit-based review, meaning it reassesses the facts, evidence and law to determine whether the original decision was correct.

However, not all decisions are reviewable. Some character or security-related matters may be excluded from ART jurisdiction.

Immediate professional advice is recommended upon receiving a refusal or cancellation notice.

​

How Long Do You Have to Lodge an Appeal?

Time limits are strict.

In most cases, you have between 7 and 28 days from the date you receive the decision.

Missing the deadline will generally prevent you from lodging a valid review application.

​

What Happens During an ART Review?

Lodging the Application

A valid review application must be lodged within the prescribed timeframe.

Merit-Based Assessment

The ART reassesses the decision independently of the Department of Home Affairs.

Hearing or Review on the Papers

Traditionally, the ART may conduct:

• An oral hearing, or

• A review based on written submissions only.

​

Important 2026 Legislative Update – Review on the Papers

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 received Royal Assent on 9 February 2026 and will commence by proclamation or no later than 10 August 2026.

The amendments expand the circumstances in which the ART may determine matters without holding an oral hearing.

The ART may decide a matter on the papers where:

• The issues can be adequately determined without a hearing

• It is reasonable in the circumstances to do so

• The parties have been given a reasonable opportunity to provide submissions

Amendments to the Migration Act now require certain matters to be reviewed on the papers, including:

• Refusals of student visas

• Certain additional temporary visas prescribed by regulation (if applicable)

Permanent visa and protection visa reviews are not affected by these amendments.

This change increases the importance of well-prepared written submissions and supporting evidence.

​

Can You Stay in Australia While Waiting for the ART Decision?

In many cases, lodging a valid review application may allow the hold or grant of a Bridging Visa. Individual circumstances vary and professional advice should be sought immediately.

​

Can You Apply for Another Visa After a Refusal?

A visa refusal does not automatically prevent a new application. However:

• Previous refusals may affect eligibility

• Overstaying may trigger re-entry bans

• False information may have long-term consequences

Each case must be assessed carefully before lodging a further application.

​

What Happens If the ART Affirms the Decision?

If the ART affirms the refusal or cancellation, further options may include:

• Judicial review in the Federal Circuit and Family Court (on legal grounds only)

• Ministerial Intervention (in limited circumstances)

• Exploring alternative visa pathways

Strategic assessment is essential before proceeding.

​

Why Professional Representation Matters

While it is not mandatory to appoint a migration agent, ART matters require:

• Careful analysis of refusal grounds

• Strong written submissions

• Proper evidentiary preparation

• Compliance with strict deadlines

Australian Portal Immigration is a Perth-based migration agency assisting clients nationwide with visa refusal and cancellation matters.

As Registered Migration Agents, we are bound by the Code of Conduct and provide structured, compliant representation before the Administrative Review Tribunal.

Frequently Asked Questions

Does a visa refusal affect future applications?

Yes. The impact depends on the reasons for refusal and any prior visa history.

Can a visa cancellation be overturned?

Yes, if the ART sets aside the cancellation decision.

How long does the ART process take?

Processing times vary depending on case complexity and tribunal workload.

Are all visa refusals reviewable?

No. Some character and security-related decisions may not be eligible for ART review.

Will I get a hearing?

Under recent legislative amendments, certain temporary visa refusals — including student visas — may be reviewed on the papers without an oral hearing.

Received a Visa Refusal or Cancellation Notice?

Time is critical.

If you have received a refusal or cancellation decision, contact Australian Portal Immigration immediately to assess your review rights and available options.

Strict deadlines apply, and early preparation significantly improves prospects of success.