EMC Australia / Review / appeal
If a visa or citizenship was refused or cancelled
If your visa or citizenship application was refused, or your visa was cancelled, you may be able to ask the Administrative Review Tribunal (ART) to review the decision. Your decision letter says whether review is available and the time limit. The limits are strict and the ART cannot extend them, so act straight away.
Start with the decision letter. It tells you whether the decision can be reviewed, who can apply and how long you have. From there the choice is usually a tribunal review, a new application, a court review in limited cases, or leaving Australia on time. We help clients in every Australian state and territory, and overseas, work out which applies.
Call +61 3 9069 3284 or WhatsApp · Weekdays 9:00am–5:00pm AEST
Who We Assist
Who We Assist
- Your visa application was refused by the Department of Home Affairs
- Your visa was cancelled, or you received a notice that cancellation is being considered
- Your citizenship application was refused or your citizenship was cancelled
- An employer's nomination or sponsorship was refused and your visa depends on it
- You already have a tribunal case or hearing and need someone to prepare it with you
- You were told to go to court and want to know what that really involves
Review
Where a refusal can be looked at again
A tribunal review is not a new visa application. Time limits are short.
ART
In Australia
Tribunal review: visa refusal
Home Affairs refused your visa and your decision letter says the decision can be reviewed.
The Tribunal looks at your case again and can consider new evidence in many cases. The time limit depends on the decision type and whether you are in immigration detention. Check your decision letter today.
ART
In Australia
Tribunal review: visa cancellation
Your visa was cancelled and you have review rights.
The Tribunal treats cancellation reviews as a priority where possible. Cancellations on character grounds need evidence about your circumstances, family ties and risk.
In Australia
Tribunal review: citizenship
Citizenship by conferral, descent or another route was refused or cancelled, and the decision can be reviewed.
Citizenship reviews follow different rules from visa reviews, so the type of citizenship application matters.
Read about Tribunal review: citizenshipIn Australia
Tribunal review: nomination or sponsorship
Home Affairs refused an employer's nomination or sponsorship, for example for a 482, 186, 494 or 407 visa.
This is a separate review from any visa refusal. The time limits are still strict.
Read about Tribunal review: nomination or sponsorshipCourt
In Australia
Court review
You believe Home Affairs or the Tribunal made a legal error, not only that you disagree with the outcome.
A court does not re-weigh your evidence. It checks whether the law was applied correctly. Time limits are strict. We work with Australian lawyers when a matter needs to go to court.
How EMC works
How we help
01
We read the decision first
Prospects, deadline, and whether review is worth the fee. If the better path is a new application, we will say so. If a partner visa was refused, we also check whether the onshore 820/801 visa or the offshore 309/100 visa is now the better fit.
02
We run the review properly
Submissions, evidence, and hearing preparation. You should not walk into a tribunal hearing with a folder of unsorted PDFs.
03
We stay if it goes further
Sent back to the Department, a new decision, or advice on court. The same practice — not a hand-off to a stranger.
What to Prepare
What to Prepare for Your Consultation
- The refusal or cancellation decision, and the email or letter it came with
- Your original application and supporting documents, if you still have them
- Any request for more information, or any notice that cancellation was being considered
- Your passport and the details of any bridging visa you hold
- The date you received the decision. Time limits run from it.
Before you apply
Important Considerations Before Applying
- Time limits are counted in days and the ART has no power to extend them. Do not wait.
- Not every refusal or cancellation can be reviewed. The ART cannot review some decisions, including cancellations made personally by the Minister.
- Lodging a new visa application instead of a review can be the right move or a costly mistake. It depends on the decision and your visa history.
- A refusal can limit which visas you can apply for while you are in Australia. Get advice before you lodge anything new.
- Court is not a second chance to add more evidence. It looks only at legal errors.
Questions
Frequently Asked Questions
It depends on the type of decision and whether you are in immigration detention. Your decision letter from Home Affairs states the time limit. The limits are very strict and the ART has no power to extend them, so check your letter and act straight away.
Read the decision letter, note the date you received it and check whether review is available. Keep all your documents. Then get advice on whether a review, a new application or another option gives you the best chance. You can book a consultation with us by Zoom, phone or message from anywhere.
The ART lists an application fee of $3,727 for most migration decisions, as checked on 9 November 2026. Some decisions have no fee, and fee reductions may be available in some cases. Check the ART fees page before you apply.
Often, yes. Many visa cancellations can be reviewed by the ART, and the ART tries to speed up cancellation reviews. The ART cannot review cancellations made personally by the Minister. Your cancellation letter tells you whether review is available and the time limit.
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal (AAT). It gives an independent review of many visa and citizenship decisions. If your papers still mention the AAT, bring them anyway.
Many people can, often on a bridging visa, if they applied for review in time and meet the rules. It is not automatic for every decision. We check your visa status first. See bridging visas.
No. You can represent yourself. You can also choose a registered migration agent or an Australian lawyer to represent you. The ART arranges qualified interpreters free of charge if you need one.
Yes, in-person meetings at our Melbourne office are by booked, paid appointment. Clients anywhere in Australia or overseas can also meet us by Zoom, phone or message. Book a consultation.
Start with your situation.
Bring the decision letter. Book a consultation, or send a short note. MARN 1800335 · Level 14, 333 Collins Street, Melbourne VIC 3000.
Other work
- Partner visas
- Onshore partner visa 820/801
- Work and skilled visas
- Skills in Demand visa 482
- Bridging visas
- Bridging Visa E
- Family visas
- Visitor visas
- Citizenship
- Reapplying after a partner visa refusal
- Ministerial Intervention
This page is general information, not advice about your circumstances. Australian migration law changes. You should consult a Registered Migration Agent before you apply. EMC Australia is OMARA-registered (MARN 1800335).