Your visa was refused
We review the reasons and notification, assess any tribunal review rights and consider whether another application or legal remedy is available.
03 / Review & AppealA difficult decision.
A difficult decision.
A considered response.
Advice on visa refusals, cancellations and the legal options that may remain available.
First, understand the decision
What has happened?
The right response depends on who made the decision, the reasons given, your location and your current status.
Cancellation is proposed
A notice may provide an opportunity to respond before a decision. We assess the concerns and prepare evidence and submissions within the stated timeframe.
Your visa was cancelled
We identify the cancellation power, any revocation or review rights, and immediate issues involving lawful status, detention or removal.
Each route has its own legal threshold.
Tribunal review, judicial review, an appeal and ministerial intervention perform different functions. They are not an automatic sequence available in every case.
The ART can reconsider the merits of eligible refusals, cancellations and related decisions. Review rights depend on the decision, applicant and circumstances. Some matters are determined on written material; a hearing is not guaranteed.
The usual procedure
Check review rights and the exact deadline; lodge a valid application and address the fee; prepare evidence and submissions; comply with directions and attend any hearing; consider the decision and next steps.
How we help
We review the reasons, identify evidence gaps, prepare submissions and witness material, manage tribunal correspondence and provide representation within the agreed scope. We explain the outcome and any further remedy.
Keep in mind
Strict statutory deadlines apply. Many migration review deadlines cannot be extended. Use the decision letter and applicable law, not a generic deadline.
The Court examines jurisdictional error: whether the decision was made lawfully. It does not rehear the visa merits or grant a visa. A successful challenge may return the matter to the decision-maker for lawful reconsideration.
The usual procedure
Assess the legal grounds; prepare the originating application and affidavit; file and serve documents; comply with directions; present submissions at the hearing; advise on the judgment.
How we help
We assess prospects, organise the decision record and affidavits, and prepare your case with the appointed legal practitioner. Court representation, counsel and any urgent relief are addressed in the engagement.
Keep in mind
The usual filing period is 35 days from the migration decision. An extension requires a Court order. Costs may be awarded against an unsuccessful applicant.
The Federal Court hears appeals from the Federal Circuit and Family Court and has original jurisdiction over certain migration decisions, including specified character matters and decisions made personally by the Minister. Choosing the correct jurisdiction comes first.
The usual procedure
Review the judgment or decision; identify appeal grounds or jurisdictional error; file the appropriate appeal or application; serve documents; prepare the required record and submissions; attend the hearing and consider orders.
How we help
We coordinate assessment of legal error, prepare the litigation material and arrange representation through the appointed solicitor and counsel where required. We explain prospects, fees, costs exposure and the consequences of the result.
Keep in mind
A final-decision appeal is generally due within 28 days; interlocutory leave applications generally within 14 days. Certain original judicial review applications have a 35-day period. Extensions are not automatic.
An appeal from the Federal Court ordinarily requires special leave. The High Court also has original jurisdiction for certain constitutional writ proceedings. These are distinct routes, and neither is an automatic next stage after losing a case.
The usual procedure
Assess the jurisdiction and grounds; prepare the special leave application or originating writ application; file and serve the required material; respond to submissions and directions; proceed to a hearing if required or if leave is granted.
How we help
We organise the earlier decisions and record, coordinate specialist advice, and prepare and manage the application with the appointed legal practitioner and counsel. Representation and any subsequent appeal are agreed separately.
Keep in mind
Civil special leave applications are ordinarily lodged within 28 days of the judgment below. Original proceedings have different requirements. Obtain advice promptly on the correct route and deadline.
Where ordinary remedies have been exhausted or are unavailable, we can assess whether a request fits an available ministerial power and the current instructions. This is not a further merits appeal or a guaranteed final remedy. The Minister is not obliged to consider a request or intervene.
The usual procedure
Identify the relevant power and qualifying decision; check the current referral criteria and exclusions; compile evidence addressing those criteria; lodge the request through the prescribed process; respond to any further requirements.
How we help
We assess whether a request is appropriate, organise compelling supporting material and prepare focused representations. We also review your immigration status and explain what other practical steps may be needed.
Keep in mind
A request is not a visa application and does not itself give lawful status or stop removal. Do not let a tribunal or court deadline expire while considering intervention.
Preparing for your consultationBring the record.
Bring the record.
We will assess the options.
- Decision letter, reasons and the email or other notification
- Current visa details and relevant expiry dates
- Original application and supporting documents
- Tribunal or court documents and any existing orders
- A short chronology and any upcoming deadlines
Court proceedings are conducted through appropriately qualified legal practitioners. The responsible practitioner, representation arrangements, fees and scope are confirmed before engagement. A consultation does not guarantee acceptance of a matter or a successful outcome.
Your next step
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