Visa Refusal and Appeal Lawyers in Sydney and Melbourne
A refusal or cancellation letter usually comes with a short deadline. Whether your matter belongs before the Administrative Review Tribunal (ART), in the Federal Circuit and Family Court, or in front of the Minister depends on the decision, where you are and how many days you have left.
Our migration lawyers act for individuals, families and businesses on visa refusals, cancellations and reviews, in person at our Sydney and Melbourne offices or by video call from anywhere in Australia. Fixed fees, so you know the cost up front.
- Fixed fees, agreed up front
- Offices in Sydney and Melbourne
- Video consultations Australia-wide
- Led by Principal Lawyer Tina Nematian
How we help
ART merits review applications
We read the refusal, confirm the decision is reviewable, lodge the application within the time limit, gather new evidence, prepare written submissions and prepare you for the Tribunal hearing, so the reasons for refusal are answered directly.
Learn moreRefusal review and next steps
Before anything is lodged, we work out what the decision-maker actually found, then compare review, a fresh application and the other options open to you against your deadlines, your visa status, your family situation and your circumstances.
Learn moreJudicial review in the courts
Where a Tribunal decision, or a decision with no merits review, may contain a legal error, we advise on whether judicial review in the Federal Circuit and Family Court or the Federal Court is open and worth pursuing.
Section 48 bar advice
If your visa was refused or cancelled onshore, you may be limited in what you can lodge while in Australia. We check which applications are still open to you and how they interact with a review that is already under way.
Learn morePIC 4020 and integrity refusals
We respond to bogus document and false or misleading information concerns, including natural justice letters, and advise on review rights and on how the three year and ten year exclusion periods may affect future applications.
Learn moreVisa cancellation responses
If you receive a notice of intention to consider cancellation under section 116, the response window is short. We prepare your submissions and supporting evidence in time and advise on review rights if a cancellation decision is made.
Character and section 501 matters
We act on character refusals and cancellations under section 501, including mandatory cancellation and requests to revoke a cancellation decision, where the time limits can be very short and the stakes, including your family ties, are high.
Learn moreMinisterial intervention requests
When review options have run out, a request to the Minister may be the remaining avenue. We prepare the request and supporting submissions so they meet the structure and level of detail the current ministerial guidelines ask for.
Learn more
Merits review at the ART: what is reviewable and why the deadline decides everything
The ART replaced the Administrative Appeals Tribunal on 14 October 2024. It is a merits review body. That means it looks at your case again, on the facts and the law, and can consider information the Department never saw. It is a different exercise from a court case, where a judge only asks whether a legal error was made.
Not every decision can go to the Tribunal. Your refusal or cancellation letter should say whether the decision is reviewable and who may apply. If it says nothing about review rights, merits review may not be available, and judicial review or a ministerial request may be the only options left.
Three points tend to decide what happens next.
- The deadline is short. For most onshore decisions you have 28 days from when you are notified, and it is shorter if you are in immigration detention. Some character decisions carry far shorter windows again. Notification can mean the day you are taken to have received the letter, not the day you read it.
- The Tribunal cannot extend the time. If the application arrives late, the strength of your case usually does not matter.
- There is an application fee. The amount is set by the Tribunal and adjusted each 1 July, and a reduction may be available if paying would cause financial hardship. Check the current figure on art.gov.au before you lodge.
Our ART guide and our visa refusal appeal guide cover the process step by step. What a lawyer adds is the judgement calls: which findings to attack, what new evidence is worth lodging, and how to present it so it answers the reasons for refusal rather than repeating the original application.
Judicial review, the section 48 bar and PIC 4020
Judicial review is about legality. If a decision-maker, including the Tribunal, made a jurisdictional error, the Federal Circuit and Family Court of Australia or the Federal Court may be able to set the decision aside and send it back to be decided again. The court does not substitute its own view of the facts, and the time limits are strict, so the question of whether there is an arguable legal error needs answering quickly. Government material on the Act is on legislation.gov.au.
Two other rules often sit alongside a refusal. The section 48 bar can limit which visas you may lodge while you are in Australia after a refusal or cancellation, and it can apply while your review is still running. And Public Interest Criterion 4020 allows refusal where a bogus document or false or misleading information is found, with a three year exclusion period, or ten years where identity is the issue. A waiver exists only for the three year limb and only on narrow grounds.
Visa cancellations: section 116 and section 501
Cancellation matters move faster than refusals. Under section 116 of the Migration Act, the Department can consider cancelling a visa on grounds such as a breach of conditions or incorrect information. You will usually receive a notice of intention to consider cancellation and a fixed period to respond. What you put in that response, and the evidence behind it, often shapes everything that follows, including any later review.
Character cancellations under section 501 are more serious. Where a visa is cancelled mandatorily because of a prison sentence, you may be able to make a request to revoke the decision, and the time to do so is stated in the notice. Merits review rights depend on the type of decision, and the Minister's personal powers can sit behind both once other options are exhausted. Our section 501 guide explains the framework. If you have a cancellation notice, bring it to us the same day.
Talk to a lawyer about your situation
Book a ConsultationThe first 48 hours after a refusal
What happens in the first two days is often about protecting your options rather than perfecting your case.
- Find the date and method of notification, and diarise the review deadline from that date.
- Read the reasons for the decision in full. Note any finding you disagree with, and any document the Department says it did not receive.
- Check your current visa status and when you must leave, if at all. Do not assume a bridging visa is in place.
- Think carefully before lodging a new application, writing to the Department or sending new documents, because each can affect your review rights and the section 48 bar.
- Gather what you have: the refusal letter, your original application, correspondence and anything that supports your case.
- Book a consultation. Bring the letter, tell us the date you received it, and tell us if anyone else, such as a partner or sponsor, is affected by the decision.
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Gwen Coghill
1 year ago
Tina and Deepika have guided me through, what felt to me, like a complex case.
They answered my endless questions with empathy and used terms I would understand. I was lacking confidence of the process at times, but I was reassured by both of them when needed. Overall a pleasure to work with. Thank you for getting me over every hurdle that popped up and managing to have all our visas granted in such a short amount of time. I am so glad that I found Tina again, I was also so pleased to find she had her own law firm from the last time we spoke. Very well deserved.
Reza
1 year ago
We had the pleasure of working with Tina and her team recently. My partner and I were in a very stressful situation due to a sudden change in our circumstances. Tina gave us a clear plan, spent enough time addressing our concerns, and kept us informed throughout the process. She and her team helped us effectively with my wife's visa within a very short timeframe. I would strongly recommend One Planet Migration Law.
Taraneh Kassiri
1 year ago
Tina’s help was indispensable when I began the process of moving to Australia. She helped my husband and I work through the paperwork and gain clarity on what was needed. Without her, the process would have been so much more difficult. We’re very grateful for her assistance, which she carried out professionally, responsiveness, clarity and joy
Josh
1 year ago
So great at their jobs. Absolutely a dream to work with. These people go above and beyond and as a Canadian lawyer myself, I cannot think of another time I've worked professionally with people who are so kind, diligent, and competent. I cannot recommend One Planet enough.
shaghayegh lotfi
1 year ago
I’m incredibly grateful to Tina Masrour, Deepika, and Rhel from One Planet for their outstanding support with my parents’ Subclass 600 Tourist Visa application. Thanks to their expertise, professionalism, and attention to detail, both of my parents received their visas with a smooth and successful outcome.
I truly appreciate their hard work, responsibility, and patience throughout the process. They were clear, responsive, and genuinely committed to helping us. I highly recommend One Planet Immigration to anyone in need of expert immigration assistance. Thank you again for everything!
Anton Jordaan
1 year ago
Appreciate the meeting with Tina. She is an experienced professional who thinks laterally, and methodically presented various visa application and success data in a way that guides and supports informed decision making.
Thivanka Silva
1 year ago
Figuring out the PR process felt really confusing, but One Planet Migration really helped me find the right way forward. Tina was super helpful and gave me so much useful information. If you're trying to understand the PR process and want great support, especially from someone as helpful as Tina, I definitely recommend One Planet Migration.
Mel
2 years ago
Thank you Deepika and Tina for assisting me all throughout my visa application. It's been a breeze and I am grateful.
Naim Smith
2 years ago
Tina Masrour and the team at One Planet Migration Law were a great resource in guiding us through our application for migration to Australia. From the initial consultation, to getting my qualifications recognized by Engineers Australia and submitting an expression of interest on our behalf they demonstrated exceptional knowledge of the immigration process, providing clear and accurate guidance at every step. They took the time to understand our unique circumstances and tailored their advice accordingly. I would highly recommend them to anyone considering migration to Australia.
Been refused or had a visa cancelled?
Bring us the decision letter and the date you received it. We will tell you whether it can be reviewed, how long you have and what the realistic options are. Consultations are with Tina Nematian or Ivana Djoneski, in Sydney, in Melbourne or by video. Book a consultation today.
Visa refusals and appeals: our guides
Plain-English guides written by our lawyers. General information only, not legal advice for your situation.
Student Visa Refusal Rates in Australia: What the 2026 Data Shows
Australia refused 21.8% of student visa decisions in 2025-26, the highest in data back to 2005-06. The figures by year, sector and country, plus...
DAMA Refusals: Where Applications Fail and What You Can Do Next
A DAMA application can fail at four separate gates. Which one stopped yours decides what you can do about it, and most failures are avoidable before...
Event Organisers: Your Obligations When Bringing International Artists to Australia
Bringing an international artist to an Australian event? Your support letter, union consultation and itinerary duties, plus the offence for allowing...
Performers, Artists and Cultural Events: When You Need a Subclass 408
The Subclass 408 Entertainment stream is the visa for performing in Australia. Sponsor or supporter, union consultation, the net employment benefit...
Top Reasons the Department Refuses a Subclass 400 Application
Vague business cases, ongoing work dressed as short projects, thin evidence and weak home ties. The refusal patterns we see most on Subclass 400...
Attending vs Exhibiting: The Visa Trap for International Artists and Performers
Invited to an Australian convention or festival? Why showcasing your talent can count as work, why a visitor visa often will not cover it, and what...
All 19 guides on visa refusals and appeals
- Section 501 Character Test: Visa Refusal and Cancellation Explained
- PIC 4020 Explained: Visa Refusal and the 3 or 10 Year Ban
- The Section 48 Bar: What You Can Lodge After a Visa Refusal in Australia
- Administrative Review Tribunal (ART) Visa Appeals in 2026: Step-by-Step Process, Time Limits and Costs
- Visa Refusal Appeals at the ART: Complete 2026 Guide
- Ministerial Visa Cancellation Powers Explained (2026)
- Australian Visa Refusal: The Mistakes Case Officers Reject Applications For
- Administrative Review Tribunal Bill 2025: What It Means for Visa Applicants
- Visa Cancellation Due to Fraudulent Documents: Key Lessons from a Recent Tribunal Decision
- Introducing the Australian Review Tribunal (ART)
- Ministerial Direction 117: Why Onshore Family Visas Now Come First
- New Ministerial Intervention Guidelines Introduced – What You Need to Know (September 2025 Update)
- Has your application in the Administrative Review Tribunal (ART) been refused? Have you considered applying to the Minister for personal intervention in your case?
Frequently asked questions
How long do I have to appeal a visa refusal in Australia?
For most onshore decisions the ART application must be made within 28 days of notification, and the period is shorter if you are in immigration detention. Some character decisions have even shorter windows. The exact number of days should be stated in your decision letter, so check it and count from the date you are taken to have been notified.
Can the ART extend the deadline if I am late?
No. The Tribunal cannot extend the time limit for most migration decisions, so a late application generally cannot proceed, however strong your case is. If you have already missed the deadline, other options such as judicial review, a fresh application or a ministerial request may still exist, and a lawyer can assess them.
Can I lodge a new visa while my appeal is running?
It depends on where you are and what you hold. After an onshore refusal or cancellation, section 48 can restrict most onshore applications to a short prescribed list, and the bar can apply during a review. Lodging the wrong application may also affect your position, so get advice first. See our section 48 guide.
What is the difference between ART review and judicial review?
The ART reconsiders the decision on its merits and can consider new evidence. A court on judicial review asks only whether the decision-maker made a legal error, and cannot decide the visa itself. If the court finds an error, the matter usually goes back to be decided again. Each has its own time limits and tests.
Can a PIC 4020 refusal for a bogus document be reviewed?
If the decision is one the Tribunal can review, you may be able to apply to the ART. The usual consequence is a three year exclusion, or ten years where identity is not satisfied. A waiver may be possible for the three year limb on limited grounds. Read our PIC 4020 guide.
My visa has been cancelled. What happens next?
It depends on the power used. A section 116 matter usually starts with a notice of intention to consider cancellation and a short window to respond. A section 501 cancellation may involve a revocation request or a review application, each with its own time limit. Bring the notice to a lawyer immediately.
When is ministerial intervention an option?
Generally after a merits review has finished without a result you can accept. The Minister's power is discretionary, has no application deadline and carries no right to a decision or to review. A request must meet the current ministerial guidelines to proceed. See our ministerial intervention page.
Do I need a lawyer to apply to the ART?
You are allowed to apply yourself, and many people do. A lawyer can help with reading the reasons for refusal, deciding which evidence and submissions will answer them, and preparing you for the hearing. Where court proceedings or a cancellation are involved, the legal questions get harder and the deadlines shorter.
