Appealing Visa Decisions

Usually people can challenge decisions that are made by the Department of Immigration to refuse a visa application or cancel an existing visa.

The government has established a number of specialist Tribunals which are responsible for reconsidering negative decisions made by the Department of Immigration.

Applications are usually refused or visas cancelled because:

  • the application raises one or more complex legal or factual issues which are decided against the applicant
  • insufficient evidence is presented to the Department of Immigration;
  • the case wasn’t properly explained to the Department of immigration
  • the claims of the applicant were not believed, or
  • a combination of all of these factors.

Cases where a visa application is refused or a visa is cancelled because an applicant does not pass the health or character requirements are particularly difficult.

If you have received a negative decision from a Tribunal, and in certain circumstances the Department, you can apply to a Court to consider whether the decision was made lawfully – in accordance with the rules. You can ask the Minister to let you stay in Australia even though you have received a negative decision.

Our experienced immigration agents assist hundreds of people every year who have received negative decisions from the Department of Immigration or a Tribunal. If you have received a negative decision you should contact one of our migration agents immediately.