Visa refusals and appeals

Overview

When a visa is refused or cancelled, there is often a right to have the decision independently reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal. Review is not available for every decision, and the time limits to apply are short and generally cannot be extended. We assess whether you have review rights, act within the deadline, and prepare and present your case.

How the pathway works

The flowchart below shows the journey and the key decision points along the way. Where the answer is “no”, we show how AuzRoo can help you find another way forward.

What this visa lets you do

• Have an eligible decision independently reviewed
• Present further evidence and arguments
• Seek a fair reconsideration of your case
• Understand your options if review is not available

Who can apply

To be granted this visa you generally need to meet all of the following. Every case is assessed on its own facts, so treat this as a guide rather than a checklist.

A reviewable decision

Not every decision can be reviewed. We check whether your refusal or cancellation carries a right of review.

Standing to apply

There are rules about who can apply for review of a particular decision.

Strict time limits

The time to lodge is short and usually cannot be extended, so acting immediately is essential.

Grounds and evidence

A strong review is built on the right evidence and clear submissions addressing the reasons for the decision.

How to apply, step by step

1. Get advice immediately the moment you receive a refusal or cancellation.
2. Confirm your review rights and the exact deadline.
3. Lodge the review application within the strict time limit.
4. Prepare your evidence and written submissions.
5. Attend the Tribunal hearing with representation if you wish.
6. Consider next steps depending on the outcome.

Costs and processing

An application fee usually applies to review at the Tribunal, with reductions in some circumstances. Government charges and processing times change and depend on your circumstances, so we confirm the current figures for your case during your consultation.

When you have the visa

Because time limits are strict and generally cannot be extended, the most important thing is to seek advice and lodge on time. Keep every letter from the Department, as the dates on them matter.