Immigration Law
Visa Refusal or Cancellation
A visa refusal or cancellation is not necessarily the end of your journey to Australia. Expert legal guidance can make all the difference.
Receiving a visa refusal or cancellation is a distressing experience, but in many cases there are meaningful pathways forward. The options available to you depend on the type of visa, the grounds for the decision, and whether you are onshore or offshore. Time limits for review applications are strict and unforgiving — acting quickly is essential. At Legal Wave, we assess your situation carefully, advise on the most appropriate course of action, and provide expert representation throughout the review or re-application process.
How We Can Help
Administrative Review Tribunal (ART)
We prepare, lodge, and represent you at the Administrative Review Tribunal — the independent body that reviews migration decisions made by the Department of Home Affairs. We build the strongest possible case for your review, including preparing legal submissions and representing you at the hearing.
Re-application
Where a review is not available or not appropriate, we guide you through a new visa application, carefully addressing the reasons for the previous refusal to give your new application the strongest possible chance of success.
Ministerial Intervention
In compelling or compassionate cases, we prepare a request for the Minister for Immigration to exercise their discretionary power to substitute a more favourable decision. This is a last resort but can be effective in exceptional circumstances.
Common Grounds for Visa Refusal
Failure to Meet Character Requirements
Applicants with a criminal history or who have been involved in conduct that raises character concerns may be refused or have their visa cancelled under section 501 of the Migration Act. We advise on character-related refusals and the review options available.
Failure to Satisfy Health Requirements
Applicants who do not meet the health requirement — assessed against the potential cost to the Australian health system — may be refused. In some cases, a health waiver may be available.
Failure to Demonstrate Genuine Intent
For visitor, student, and temporary visas, the Department may refuse an application if it is not satisfied that the applicant genuinely intends to comply with the visa conditions — for example, by departing before the visa expires.
Insufficient Evidence
Many refusals result from insufficient or poorly organised evidence. A well-prepared re-application that addresses the evidentiary gaps identified in the refusal notice can significantly improve the chances of a successful outcome.
What to Do After a Refusal or Cancellation
Understand the Decision
The first step is to carefully review the written notification from the Department of Home Affairs. This document sets out the reasons for the refusal or cancellation, the legislative basis for the decision, and the options available to you — including any review rights and the time limits that apply. We review this document with you and explain its implications in plain language.
Act Immediately — Time Limits Are Strict
Review applications at the Administrative Review Tribunal must be lodged within strict time limits — typically 21 days for onshore applicants and 70 days for offshore applicants, though this varies by visa type. Missing the deadline means losing your right to review. We advise on the applicable time limit and act quickly to protect your rights.
Assess Your Review Options
Not all visa decisions are reviewable at the ART. Eligibility for review depends on the type of visa, the grounds for the decision, and whether you are onshore or offshore. We assess your eligibility for review and advise on the most appropriate pathway — whether that is the ART, a Federal Court challenge, a re-application, or ministerial intervention.
Prepare and Lodge the Review Application
We prepare a comprehensive review application, including all required forms, supporting documents, and legal submissions. We identify the weaknesses in the Department's decision and build the strongest possible case for a favourable outcome at the ART.
Frequently Asked Questions
Act Now — Time Limits Are Strict
If you have received a visa refusal or cancellation, contact us immediately. Our migration lawyers will assess your options and act quickly to protect your rights.