Visa Refusals, Appeals, Waivers & Cancellations

Australian visa refusals, appeals, and cancellations describe the different outcomes and review pathways related to a person’s visa status. A refusal happens when the Department of Home Affairs decides that an application does not satisfy the legal requirements for approval. A cancellation, on the other hand, occurs after a visa has already been granted and is later revoked due to issues such as breaching visa conditions, providing inaccurate information, or failing character requirements.

Has your visa application been refused? Have you received a Notice of Intention to Consider Cancellation? Let us review your case.

Understanding Australian Visa Refusals

If your application for a visa, nomination, or sponsorship has been refused by the Department of Home Affairs, you may be able to request a review of that decision through the Administrative Review Tribunal (ART), provided you meet the eligibility criteria.

The ART conducts a merits review, meaning it reassesses your case independently by considering the relevant facts, legislation, and policy from the beginning rather than simply checking for errors in the original decision. During this process, the Tribunal has the authority to confirm the original decision, modify it, overturn it, or send it back for reconsideration. However, not all decisions are eligible for review, as this depends on the provisions outlined in the Migration Act 1958. It is also critical to be aware that strict time limits apply when lodging a review application.

Common reasons for refusals & cancellations

Visa Matters can be complex. These are the most common grounds

Section 116
Visa Cancellations

The Minister may cancel a visa if they believe you do not pass the character test, have provided false information or pose a risk to the Australian community.

Section 501
Character Cancellations

If you do not meet the character requirements, your visa may be cancelled. This can include criminal history, conduct in Australia or overseas, or other relevant factors.

Section 57
Invitation to Comment

You may receive a notice inviting you to comment on information that may lead to refusal or cancellation of your visa. You have a right to respond.

Not sure which visa is right for you?

We can help assess your situation and guide you to the best pathway

Frequently Asked Questions

Why was my visa refused?

Your visa could have been refused for a number of reasons; however, it is generally due to not meeting specific criteria of the visa or failing the character or health requirement.

Can Australian PR be cancelled?

Yes, permanent residency visas can be cancelled under certain circumstances.

When can a visa be refused or cancelled under section 501?

A person’s visa may be cancelled under section 501(2) of the Migration Act if:

the Minister reasonably suspects that the person does not pass the character test, and
the person does not satisfy the Minister that they pass the character test.

What should I do if I want to leave Australia after my visa cancellation?

Once your visa is cancelled it is important you take immediate steps to regularise your status in Australia until you are able to depart. In most cases this would mean applying for a Bridging Visa E on departure grounds.

What is s57 Natural Justice?

Section 57 of the Migration Act 1958 (‘the Act’) requires the Department of Home Affairs to provide you with an opportunity to comment and present information if the Department is considering refusing your visa application.

Need more help?

Our team is more than happy to answer anyfurther questions you might have.

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