COMPLEX MIGRATION MATTERS
Complex Matters & Reviews
Visa refusals, cancellations, review applications and other matters requiring careful assessment of the available options and next steps.
MATTERS
Refusals · Cancellations · Reviews
REVIEW BODY
Administrative Review Tribunal
TIME LIMITS
Strict and decision-specific
ART APPLICATION FEE*
From AUD $3,727*
*Fees vary according to the type of review and may change. Current at October 2026. Review rights and time limits depend on the particular decision.
Visa refusals & complex matters
Visa cancellations
Administrative Review Tribunal reviews
A visa refusal, cancellation or other adverse immigration decision does not necessarily mean that there are no further options. What can be done next depends on the decision made, the person's circumstances, any available review rights and the time limits that apply.
Complex matters can also arise before a refusal or cancellation occurs — for example, where there are character concerns, previous visa history, relationship or sponsorship issues, Schedule 3 considerations or other circumstances requiring more detailed evidence and submissions.
The important question is not simply whether another application can be made, but which option provides the most appropriate way forward.
Visa cancellation matters can have immediate and significant consequences for a person's immigration status and future options.
The appropriate response depends on the cancellation power being considered or exercised, the reasons relied upon and whether the person has an opportunity to respond before a decision is made or has review rights after cancellation.
Some cancellation decisions can be reviewed by the ART, while decisions made personally by the Minister may not be merits-reviewable
The Administrative Review Tribunal can review certain migration decisions, including many visa refusals and cancellations, sponsorship and nomination decisions. Not every decision is reviewable, and the decision letter should identify whether review rights exist and who is entitled to apply. Administrative Review Tribunal
An ART review is not simply a matter of lodging an appeal and waiting for another decision. The case should be assessed against the reasons for refusal or cancellation, the applicable criteria and the evidence required to address the issues identified.
Current ART fee: For most Part 5 migration reviews, AUD $3,727. A 50% reduction may be available in cases of financial hardship. If the decision is set aside, varied or remitted, 50% of the fee paid is generally refunded.
Schedule 3 matters
Ministerial Intervention
Schedule 3 can become relevant to certain onshore visa applications where the applicant does not hold a substantive visa at the time of application.
These cases can require detailed consideration of the applicant's immigration history, the circumstances leading to their current status and whether the relevant criteria or exceptions can be satisfied.
Where Schedule 3 is an issue in a Partner visa application, careful preparation of the evidence and submissions can be particularly important.
Ministerial Intervention is an exceptional process available only in limited circumstances after the relevant review pathway has been completed. It is not another ordinary level of merits review and the Minister is not required to consider or intervene in a case.
Current Home Affairs guidance states that requests under the relevant public-interest powers require a tribunal decision before the power is available, and only requests meeting the Ministerial Instructions are referred for consideration. Department of Home Affairs
A request therefore needs to identify why the circumstances are sufficiently compelling or exceptional to warrant consideration under the applicable Ministerial Instructions.
Not sure what your options are after a refusal, cancellation or other immigration decision?
The appropriate next step depends on the decision, your current immigration status, any available review rights and the time limits that apply. We can assess your circumstances and advise on the options available to you.