📢 Important update: The Administrative Appeals Tribunal (AAT) was replaced by the Administrative Review Tribunal (ART) on 14 October 2024. All new review applications are now lodged with the ART. If you have an existing AAT case lodged before that date, it continues under the AAT until finalised. Your rights and the review process remain the same.
Visa Refused or Cancelled? You Have the Right to Appeal.
Receiving a visa refusal or cancellation from the Department of Home Affairs is devastating — but it is not the end. You may have the right to have the decision independently reviewed by the Administrative Review Tribunal (ART), formerly the AAT. The Tribunal takes a completely fresh look at your case and can reach a different decision.
Below we explain the three main pathways available to you — Merits Review, Judicial Review, and Character matters. Read on to understand your options, then contact us immediately to discuss your case.
Which Visa Decisions Can Be Reviewed?
The ART can review a wide range of visa refusals and cancellations including:
Partner Visa
820/801, 309/100
Student Visa
Subclass 500
Graduate Visa
Subclass 485
Employer Sponsored
482, 186, 494
Skilled Visas
189, 190, 491
Visitor Visa
Subclass 600
Parent Visa
103, 143, 804
Visa Cancellations
All subclasses
Sponsor Decisions
JUDICIAL REVIEW
If the ART makes an error of law in its decision, you may have a right of review to the Federal Circuit Court of Australia. Common legal errors include breach of procedural fairness, apprehension of bias, breach of the Tribunal’s legislative requirements, or a decision so unreasonable that no reasonable decision-maker could have made it.
Judicial review is a legal proceeding that requires representation by a qualified lawyer — it is outside the scope of a registered migration agent. Time frames are very tight so it is important to seek advice quickly after the ART decision.
💼 Need a Federal Court referral? If you believe the Tribunal has made a legal error, we can refer you to an experienced immigration lawyer who handles Federal Court matters. Contact us to discuss your options →
MERITS REVIEW
If your visa application has been refused by the Department of Home Affairs, you may have the right to have that decision reviewed by the Administrative Review Tribunal (ART). The Tribunal conducts a completely fresh review of the facts, law, and policy — and can reach a different decision to the Department.
Time frames for merits review are strict and cannot be extended — in most cases you have only 21 days from the date of refusal. Contact us as soon as possible after receiving your refusal. In some cases matters can be resolved or expedited without needing a full hearing.
CHARACTER AND CRIMINAL LAW MATTERS
If you are not an Australian citizen and you commit a serious criminal offence, your visa may be cancelled even if you receive a wholly suspended sentence. In some situations visa cancellation can be mandatory. It is important that your criminal lawyer understands the connection between migration law and criminal law before you are sentenced.
If your visa has been cancelled, or if the Department has sent you a notice indicating they are considering cancellation under the character provisions, contact us immediately. We can advise on the migration consequences and represent you in the review process before the ART.
Why Choose Widen for Your ART Review?
Experience, preparation, and commitment at every stage of your review.
Keshab Chapagain (MARN 1576536) is a registered migration agent authorised to represent clients at the Administrative Review Tribunal.
We prepare detailed written submissions citing the Migration Act, relevant case law, and policy to build the strongest possible case for the Tribunal Member.
We review the Department's decision record to identify legal errors, policy misapplication, and factual gaps that can be addressed in your review.
We prepare you thoroughly for your Tribunal hearing — what to expect, how to present your case, and how to answer the Tribunal Member's questions clearly and consistently.
We understand that review deadlines are tight. Contact us as soon as you receive your refusal and we will act immediately to protect your review rights.
Don't Wait — Every Day Counts
Visa refusal and cancellation deadlines are strict and unforgiving. If you have received a refusal or cancellation notice, contact us today. We will review your case urgently and advise on the best course of action.
Book Urgent Consultation →Or call our office on 02 8188 1887