Have you received a Notice of Intention to Cancel your visa, or has your visa been refused? If so, you may have options — but you usually have limited time to respond, so acting quickly is critical.
Common Visa Refusal Reasons
Visa refusals or cancellations can happen for many reasons, including:
- You did not meet the conditions of a previous visa
- You did not provide enough information to support the claims made in your application
- You do not meet Australia’s health or character requirements
- You provided incorrect information, made a false claim, or submitted misleading documents (bogus documents)
- For student visas: your chosen course of study is not consistent with your previous studies
- You did not show that you have enough funds to support yourself financially
- For employer-sponsored visas: the sponsoring business is not viable, there is no genuine need for the role, the salary is not in line with market rates, or other sponsorship issues
You Have a Limited Time to Respond
In many cases, you may receive a Natural Justice Letter (also known as a Notice of Intention to Consider Refusal/Cancellation).
This letter will give you a deadline to respond.
⚠️ If you miss the deadline, you may lose the opportunity to respond or appeal.
What If My Visa Application Is Refused or My Visa Is Cancelled?
If your visa is refused or cancelled, you may be able to request a review of the decision through a merits review tribunal called the Administrative Appeals Tribunal (AAT).
However, not all decisions can be reviewed by the AAT.
For example:
- If the Minister for Immigration personally refuses or cancels your visa under section 501 of the Migration Act 1958, you cannot apply for AAT review.
Administrative Appeals Tribunal (AAT)
The AAT is an independent organisation that reviews government decisions.
Within the AAT, specialist divisions review different types of cases:
General Division
This division reviews decisions relating to:
- character matters (including section 501 of the Migration Act 1958)
- citizenship matters
- Office of the Migration Agents Registration Authority (OMARA) matters
Migration and Refugee Division (MRD)
This division reviews decisions relating to:
- most migration and refugee visa refusals
- refusal of sponsorship or nomination
- visa cancellations
Immigration Assessment Authority (IAA)
An independent office within the MRD that reviews:
- certain fast-track reviewable decisions relating to Protection visas
What Will Happen After Review?
The review tribunal will make one of the following decisions:
Affirm
The AAT agrees with the Department’s decision, meaning the refusal or cancellation stands.
Set Aside
The AAT decides the Department’s decision should be changed. The AAT may substitute a new decision.
Remit
The AAT decides the Department must reconsider the application and follow directions provided by the AAT.
No Jurisdiction
The AAT does not have the power to review the decision.
Apply for a Review ON TIME
It is extremely important to understand that your refusal or cancellation letter will state how many days you have to lodge an appeal.
If you do not apply within the deadline, you may lose your chance for review permanently.
Can I Stay in Australia While My Application Is Being Reviewed?
In many cases, yes.
You will generally receive a Bridging Visa, which usually carries the same conditions as your previous visa (for example, work rights or study rights).
This allows you to remain in Australia while the review is being processed.
What Are My Options If My Appeal Fails at the AAT?
If the outcome of the AAT review is Affirm, you may have two further options:
1. Application to the Federal Court
This applies only if you believe there has been a legal error in the decision by the Department or the AAT.
2. Ministerial Intervention
You may write a request to the Minister asking them to use personal discretion to grant a visa.
To succeed, you usually need a strong humanitarian reason or exceptional circumstances.
