Visa Refusals, Appeals & Cancellations

Visa Refusal, Appeal and Cancellation Lawyer in Australia

When a visa is refused or cancelled, the right strategy starts on day one.

A visa refusal or cancellation can put your job, your home, your business and your family's plans at risk. It can also affect future applications and, in some cases, your right to remain in Australia. The good news is that a refusal is often not the end of the road. With the right strategy, many decisions can be reviewed, overcome or addressed through another pathway.

At Chua Tan Associates, our immigration team includes two Accredited Specialists in Immigration Law. We act for individuals, families and employers across Australia, and we advise in English, Mandarin and Cantonese.

Act quickly: visa review time limits are strict

Most review rights come with strict deadlines that start running from the date you are notified of the decision. Some time limits are only days long, and in most cases a late application cannot be accepted, however strong your case. If you have received a refusal, a cancellation notice or a notice of intention to cancel, contact us as soon as possible.

How our visa appeal lawyers can help

Visa refusals

We review the decision record to understand exactly why your application was refused, and we check whether you have review rights and how long you have to use them. We then advise on the best way forward. That may be an appeal, a fresh application addressing the decision-maker's concerns, or a different visa pathway altogether.

Merits review at the Administrative Review Tribunal (ART)

Many visa decisions can be reviewed by the Administrative Review Tribunal, which can look at your case afresh and consider new evidence. We prepare your application for review, gather further evidence, write detailed legal submissions and prepare you for the hearing. Where appropriate, we appear with you.

Visa cancellations

The Department may cancel a visa for reasons such as breach of visa conditions, incorrect or misleading information, or concerns about character. If you receive a notice of intention to consider cancellation, your response can be critical. We help you respond clearly and persuasively, with the right evidence, before a decision is made. If your visa has already been cancelled, we advise on revocation, review and your options to remain lawfully in Australia.

Character issues and section 501

Criminal charges, convictions and other conduct can lead to refusal or cancellation on character grounds. We advise on character requirements, prepare responses and revocation requests, and work closely with our criminal law colleagues, so that the immigration consequences of a criminal matter are considered from the start.

PIC 4020 and integrity concerns

Where the Department believes an application contained false or misleading information or bogus documents, the consequences can include refusal and an exclusion period from future visas. We help you respond to these concerns, explain the circumstances, and, where available, seek a waiver on compelling or compassionate grounds.

Health waivers

Some visas allow the health requirement to be waived. We help you and your sponsor prepare a strong waiver request with the medical, financial and personal evidence that decision-makers look for.

Judicial review

If the Tribunal's decision contains a legal error, it may be possible to seek review in the Federal Circuit and Family Court of Australia. We assess whether there are grounds and advise you on the prospects, costs and timing before you decide.

Ministerial intervention

In limited circumstances, the Minister has personal power to grant a visa or allow a further application where the usual review options have been exhausted. These requests must meet strict guidelines. We advise whether your case may qualify and prepare a focused request.

Bridging visas and unlawful status

A refusal or cancellation can leave you without a valid visa. We advise on bridging visas, your rights while a review is underway, and how to resolve unlawful status as safely as possible.

Our approach to visa refusals and cancellations

•         Understand the decision. We obtain and analyse the full decision record, not just the refusal letter.

•         Protect your deadlines. We confirm your time limits and lodge anything urgent first.

•         Choose the right path. We compare review, a fresh application and other options, and advise on cost, timing and prospects.

•         Build the evidence. We address each of the decision-maker's concerns with targeted evidence and legal submissions.

•         Think beyond the visa. Where the decision affects your family, your business or your employees, we consider the wider consequences and plan for them.

For employers

When a sponsored employee's visa is refused or cancelled, your business may lose a key team member at short notice. We advise employers on their options, their sponsorship obligations, and how to support the employee through a review or a new application.

Frequently asked questions

How long do I have to appeal a visa refusal?

It depends on the type of decision and where you are when you are notified. Some time limits are only a few days. Check the deadline in your decision letter and contact us immediately.

Can I stay in Australia while my appeal is decided?

Often, yes. Many applicants hold a bridging visa while a review is underway, but this depends on your circumstances. We can confirm your status and your rights.

Can I apply for a different visa after a refusal?

Sometimes. However, some people in Australia whose visa has been refused or cancelled are barred from applying for most other visas while they remain onshore. Get advice before lodging anything new.

What is a notice of intention to consider cancellation?

It is a letter from the Department inviting you to respond before it decides whether to cancel your visa. Your response is often your best opportunity to keep your visa, so seek advice straight away.

Can you advise me in Chinese?

Yes. Our lawyers advise in English, Mandarin and Cantonese.

Get urgent advice now

The earlier we review your matter, the more options are usually available. Contact us for an urgent consultation, or order an Immigration Strategy Report for a written plan for your next steps.

This page provides general information only and is not legal advice. Every case is different, and past results do not guarantee a particular outcome.