Visa refused or cancelled? How to appeal
If your visa has been refused or cancelled, you often have a right to have the decision reviewed — but the deadlines are short and strict. Here’s how the process generally works and why acting quickly matters.
First, check your review rights
Your decision letter should say whether the decision can be reviewed and by when. Not every decision carries review rights, and the pathway depends on the visa type and whether you’re onshore or offshore. This is the first thing a lawyer will check.
The deadlines are short — act now
Review time limits can be very short — often measured in days, not weeks — and they generally cannot be extended. Missing the deadline usually means losing the right to review altogether, so it’s critical to get advice as soon as you receive the decision.
Merits review at the Tribunal
Most reviewable visa decisions go to the Administrative Review Tribunal (ART), which replaced the former Administrative Appeals Tribunal (AAT) in October 2024. The Tribunal takes a fresh look at the decision and can affirm it, set it aside, or send it back to the Department with directions. You can provide new information and, in many cases, attend a hearing.
What the Tribunal can and can’t do
The Tribunal reviews whether the correct decision was made on the facts and the law. It can’t grant a visa the law doesn’t allow, but it can overturn a refusal or cancellation where the original decision was wrong. Strong, well-prepared evidence is what makes the difference.
If review isn’t available or doesn’t succeed
Where Tribunal review isn’t available or is unsuccessful, there may be limited options such as judicial review in the Federal Circuit and Family Court (which looks at legal error, not the merits) or, in some cases, a request for Ministerial intervention. These are complex and time-limited — legal advice is important.
How to get help the easy way
You don’t have to work out who to call. Post your matter on ORLA Connect and up to four verified Victorian immigration lawyers review it and reply with how they can help and their fees. It’s free to post, private, and there’s no obligation to proceed.
Common questions
How long do I have to appeal a visa refusal?
Where do visa appeals go now that the AAT has closed?
Can I provide new information at the Tribunal?
What if the Tribunal affirms the refusal?
Immigration lawyers in Victoria
Get matched with firms that handle this — free.
Read more →Family & partner visa matters
Family lawyers for partner and relationship issues.
Read more →This article is general information only and is not legal advice. Deadlines and thresholds can be strict and change over time — for advice about your situation, post your matter and a matched Victorian law firm can help.