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Don’t panic. If your visa has been cancelled or refused, there may still be options available, either to challenge the decision or to develop alternative strategies. Depending on your circumstances, you may be able to seek a review with the Administrative Review Tribunal (ART) or – sometimes – request the Department of Home Affairs to revise their decision to refuse your visa.
Acting quickly is essential, as strict deadlines apply for reviews and submissions.
You will receive a letter from the Department of Home Affairs with the reason your visa application was refused, which can include anything from an invalid passport to failing character requirements.
Even if you are already holding a visa, that visa can be cancelled if you fail to fulfill the visa conditions, such as attending classes, as well as misleading authorities and failing a character test.
You can appeal a visa refusal or cancellation at the ART if you are eligible. If the judgment is upheld, you can either appeal to the Federal Circuit Court of Australia or apply for Ministerial Intervention.
We review your visa refusal or cancellation notice and assess your options. We identify whether there are strong reasons to challenge the decision and explain likely outcomes.
We prepare all necessary documents, submissions, and evidence, including personal statements, employment or education records, medical or character evidence, and expert reports if required.
We represent you during tribunal hearings, presenting your case clearly and responding to questions on your behalf. Our goal is to give you the best chance of a positive outcome.
We provide support throughout the process and advise on next steps if the outcome is not favourable.
If you believe a decision was affected by a legal error, you may be able to apply for judicial review in the Federal Court. This is not a merits review: the Court does not reconsider the facts or accept new evidence, but examines whether the law was applied correctly and proper procedures were followed.
If the Court dismisses the application, limited further appeal options may exist, potentially to the High Court of Australia, subject to strict requirements.
Judicial review requires representation by a qualified legal practitioner. Green Wings Migration does not act in court proceedings but can refer you to experienced lawyers if needed.
If a review outcome has been decided against you and there are no further review or court options available, you may be able to request Ministerial Intervention. This allows the Minister for Immigration to personally consider granting a visa in limited and exceptional circumstances, even where standard visa requirements are not met.
Ministerial Intervention is entirely discretionary. There is no right to a review, no guarantee of consideration, and requests are only acted on in rare cases where compelling or compassionate circumstances exist.
