Visa Refusals
Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
Your Visa Application Has Been Refused
A refusal letter is unsettling, but for most people it is not the end of the road. What matters now is acting inside the review period, because it is short and it cannot usually be extended. Your ability to stay, work, study and remain with family in Australia can turn on what you do in the next few weeks.
Understanding the Refusal Decision
The decision record sets out exactly why the delegate was not satisfied a criterion was met, whether that is incomplete evidence of a genuine relationship, gaps in skills or employment documents, or health and character concerns. That reasoning is the roadmap for any challenge.
Can the Decision Be Reviewed?
Not every refusal carries review rights, and the notification letter should state whether one applies. Where a right exists, review gives an independent decision maker the chance to look at the matter again, including any new evidence.
What Happens After a Refusal
Time Limits and Bridging Status
Most onshore refusals carry a 21 day review period, and some offshore refusals carry 28 days, running from the date of notification rather than the date you read the letter. If you held a substantive visa and lodge in time, a bridging visa will usually continue your lawful status until the matter is finally decided.
Administrative and Court Review
Merits review at the Administrative Review Tribunal looks at the application afresh on the same legal criteria. Where a Tribunal decision itself contains a legal error, a further challenge may be available in the Federal Circuit and Family Court, though this is a narrower and more technical avenue.
Evidence and Submissions
A review is most effective when it addresses each reason given for refusal directly, with targeted documents, statements and, where relevant, expert or country information. Submissions that simply repeat the original application rarely improve the outcome.
Possible Outcomes
Review can result in the original decision being set aside, affirmed or varied. If the outcome is unfavourable, a fresh application, further review or ministerial intervention may still need to be considered depending on your circumstances.
Our process
How a matter of this kind moves from first contact to outcome.
Read the Decision
We review the decision record and notification to confirm your review rights and the exact deadline.
Advice on Options
We explain whether review, a fresh application or another pathway gives you the best prospects.
Lodge in Time
The review application is lodged within the statutory period and your bridging visa position is confirmed.
Build the Evidence
We gather documents and statements that answer each reason the delegate gave for refusing.
Tribunal Hearing
We prepare you for questions, make written submissions and appear with you at the hearing.
Decision and Next Steps
If the decision is favourable we guide the grant process. If not, we advise on any remaining options.
How Shah & Co Lawyers can assist
Where a visa has been refused, our focus is the deadline first and the strategy second.
Urgent Deadline Assessment
Same week review of your decision record to confirm the date by which you must act.
Tribunal Review Applications
Preparing and lodging applications for review of a refused visa.
Evidence and Submissions
Written submissions and supporting material addressing each ground of refusal.
Bridging Visa Advice
Confirming your lawful status, work rights and travel position while review is on foot.
Fresh Application Strategy
Advice on whether a new application is available and the effect of the section 48 bar.
Hearing Preparation
Preparing you and your witnesses for the questions the Tribunal is likely to ask.
When you should get advice
- You have received a refusal letter and are unsure of the deadline to seek review.
- Your bridging visa is ending or your work rights have changed.
- The refusal relied on evidence you believe was misunderstood or incomplete.
- You are considering lodging a new application while onshore.
- The refusal involved health, character or identity concerns.
Documents that usually help
- The full decision record and the notification email or letter.
- Your visa application and everything lodged with it.
- Passport, current visa grant notice and travel history.
- Statements from you, your sponsor, employer or family members.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
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Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
View Visa CancellationsMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
View Merits ReviewProtection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
View Protection VisasPartner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
View Partner VisasFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
View Family VisasCitizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
View Citizenship MattersGet clear advice about your visa options before the review period ends.
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