Australia’s migration system provides structured pathways for people to live, work, or study in the country. However, visa refusals and cancellations do occur. If this happens, you may have the right to request a Migration Decision Review. This process ensures fairness by allowing your case to be reconsidered by an independent body.
The Migration Decision Review process is overseen by the Administrative Appeals Tribunal (AAT). The AAT has the authority to:
This process provides applicants and sponsors the chance to have their matter reviewed independently.
The Department of Home Affairs sets specific requirements for Australian citizenship. While these vary depending on your personal situation, the general criteria include:
If your visa is canceled, you may be able to seek a review depending on the circumstances.
Applicants whose visa applications have been refused may be eligible to apply for a review, depending on the visa subclass and reason for refusal.
Employers or sponsors whose nominations for employer-sponsored visas have been refused or canceled may also request a review.
Individuals whose visa has been refused or canceled.
Employers or nominators affected by sponsorship or nomination decisions.
In certain cases, family members or others impacted by the decision may be eligible.
Review your decision notice to confirm if the decision is reviewable and note the timeframe (usually 21–28 days).
Submit your application to the AAT within the specified timeframe.
You may provide further documents or evidence to strengthen your case and address reasons for refusal or cancellation.
The AAT may invite you (and your representative, if any) to a hearing to explain your case.
The Tribunal will then make a decision: affirm, vary, or overturn the original outcome.
If you disagree with the AAT’s decision, you may have grounds to appeal to the Federal Court of Australia, but only on points of law.
An application fee applies when lodging a review. If your case is successful, part of this fee may be refunded. Costs vary depending on the type of review.
The AAT may overturn the original decision and grant a new outcome in your favor.
This depends on the type of visa and circumstances of your case.
Providing strong supporting evidence and seeking professional advice can greatly improve your case.
The Migration Decision Review process provides a vital safeguard for individuals and sponsors affected by negative visa outcomes. Acting quickly and understanding the process can make a significant difference to the result. Professional guidance from a migration expert can help you navigate the complexities with confidence.