Visa Refusal Appeal Australia: Can Your Visa Still Be Approved?

Visa Refusal Appeal Australia - Can Your Visa Still Be Approved?

Receiving a visa refusal while you are in Australia can be stressful and overwhelming. However, a refusal does not always mean the end of your migration journey. In many cases, you may still have options available, particularly the right to appeal the decision.

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Appealing a Visa Refusal While Onshore

If you are in Australia and your visa application is refused, you may be eligible to apply for a review of that decision at the Administrative Review Tribunal (ART).

Generally, you must lodge your ART application within 28 days of receiving the refusal decision. This timeframe is strict, and failing to act within it can result in losing your right to review.

Before lodging an appeal, it is strongly recommended that you seek professional legal advice. An experienced migration lawyer can assess:

• Whether you have review rights
• The strength of your case
• The reasons for refusal
• The likelihood of success at the ART

What Can the Administrative Review Tribunal Do?

The ART has the authority to:

• Review decisions made under the Migration Act 1958 to refuse or cancel certain types of visas
• Consider whether the Department of Home Affairs correctly applied the Migration Act 1958 and Migration Regulations 1994
• Set aside the original decision and remit the matter back to the Department for reconsideration

Your refusal decision letter will clearly state whether the decision is reviewable and whether you are eligible to apply for a review.

What the ART Cannot Do

The ART cannot:

• Review a visa cancellation decision made personally by the Minister for Home Affairs or the Minister for Immigration
• Review a decision if you are not legally entitled to apply for review

Understanding these limitations is critical before proceeding with an appeal.

Case Study: Student Visa Refusal Successfully Appealed

One of our clients, Andrew, received a student visa refusal while he was in Australia.

Andrew was studying a Bachelor of Business on a student visa. Due to unforeseen circumstances, he was unable to complete his course within the validity period of his visa. Before his visa expired, he lodged a new student visa application and remained in Australia on a Bridging Visa A while awaiting the outcome.

Unfortunately, his student visa application was refused. The Department of Home Affairs determined that Andrew had not demonstrated strong ties to his home country and therefore did not satisfy the Genuine Temporary Entrant (GTE) requirement.

Andrew approached our team for assistance.

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How We Helped

We:

1. Conducted a detailed assessment of the refusal decision
2. Lodged a valid ART application within the 28-day deadline
3. Gathered strong supporting evidence demonstrating Andrew’s genuine intention to return to his home country after completing his studies
4. Prepared comprehensive legal submissions addressing the refusal reasons

Andrew was later invited to attend an ART hearing. After considering the evidence and submissions, the Tribunal Member agreed with our arguments.

The Outcome

The Tribunal set aside the refusal decision and remitted the matter back to the Department of Home Affairs for reconsideration, giving Andrew another opportunity to have his student visa approved.

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What our Principal Lawyer Hanan Ismail has to say about your options while you are waiting for your ART hearing?

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Need Help After a Visa Refusal?

Every refusal is different, and the success of an appeal depends on the facts of your case and how well it is prepared. If you have received a visa refusal and are unsure of your options, obtaining timely and professional advice is crucial.

Our team regularly assists clients with ART appeals and complex visa matters. If you need guidance, we are here to help.

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This page was last updated on 09 January 2026.