What to do if your visa is refused or cancelled
Receiving a notice of visa refusal or cancellation can be an overwhelming and stressful experience. Whether you are in Australia on a temporary or permanent visa, or applying from overseas, a negative immigration decision can affect future plans, your family, and your ability to remain lawfully in the country.
At Absolute Immigration Legal, we understand the importance of acting quickly and with clarity. Here is what you need to know — and what you can do — if your visa is refused or cancelled.
Understand the notice you received
The first step is to carefully read the decision letter from the Department of Home Affairs.
This document outlines:
- The reasons for the refusal or cancellation
- The legal basis under which the decision was made
- Whether you have a right to review, and which body handles the review (e.g. the Administrative Review Tribunal (ART))
- The strict time limit to lodge an appeal (often as short as 7 to 21 days)
- Delays in responding can result in the loss of your right to review or remain lawfully in Australia.
Know your rights and options
Depending on your visa type and individual circumstances, you may have several pathways available:
- Apply for a review at the ART
If you are eligible, you may be able to apply to the Administrative Review Tribunal to appeal the Department’s decision. The ART will independently reassess your case.
You must lodge the appeal within the specified timeframe in your refusal or cancellation notice.
During this process, your bridging visa may be extended, allowing you to remain in Australia lawfully while your case is reviewed.
- Request ministerial intervention
If the ART upholds the decision or if you are not eligible for review, you may be able to request ministerial intervention in exceptional circumstances. Ministerial intervention is a discretionary power held by the Minister for Immigration to grant a visa in exceptional or compassionate circumstances, even after a refusal or tribunal decision. It is not an appeal and is only considered when there are unique or compelling reasons that justify granting a visa outside the usual legal process. The Minister is not required to act on any request.
- Explore other visa options
In some situations, applying for a different visa may be possible. For example, a person whose student visa is refused might consider a partner visa if they are in a genuine relationship with an eligible Australian.
It is important to keep in mind however, that once you receive a refusal or cancellation, you may be section 48 barred, this means that there will be limitations to the visas that you can or cannot apply for while onshore and you may be required to go offshore to lodge another substantive visa application.
- Depart Australia voluntarily
If no visa options or review rights are available, it is crucial to depart Australia before becoming unlawful, as this can affect your ability to return in the future.
Common reasons for refusal or cancellation
- Providing false or misleading information
- Failing to meet character requirements (e.g. under section 501)
- Breaching visa conditions (e.g. working without permission)
- Failing to meet health, financial, or relationship criteria
Understanding the reason for the decision is key to building a strong response or future application.
Why legal advice matters
Immigration law is complex and highly time-sensitive. A refusal or cancellation does not necessarily mean the end of the road — but expert guidance is essential.
At Absolute Immigration Legal, our experienced immigration lawyers and registered migration agents work with you to:
- Analyse your refusal or cancellation notice
- Determine your eligibility for review or reapplication
- Prepare compelling submissions and legal arguments
- Represent you at the ART or before the Department
- Navigate complex ministerial intervention or court appeal processes where appropriate
- Strategise other Australian visa pathways
Contact Absolute Immigration Legal
If you have received a visa refusal or cancellation notice, time is critical. The earlier you get advice, the more options you will likely have. We are here to help you understand your rights and the best path forward. Reach out for professional advice tailored to your situation at admin@absoluteimmigrationlegal.com