Reviews & Appeals

If your visa application has been refused or your visa cancelled, you may have the right to seek a review of that decision. Mantra Migration Services helps individuals and families understand their review and appeal options, assess the merits of their case, and prepare and lodge a strong, well-evidenced application within the required timeframes.

What we can help with

  • Merits review of refused or cancelled visa decisions at the Administrative Review Tribunal (ART)
  • Assessing your refusal or cancellation decision and advising on prospects of success
  • Expertise in preparing effective, persuasive submissions and evidence for your review
  • Drafting statements and organising your supporting documentation
  • Ministerial intervention requests where review options are limited or exhausted
  • Guidance on review timeframes and lodgement deadlines

Strict deadlines apply to review and appeal applications — in many cases as little as a few days from the date of the decision. If you have received a refusal or cancellation, contact us as soon as possible.

Visa Refusals & Cancellations

A refused visa application or a cancelled visa can have serious consequences for you and your family, including limits on future applications. The first step is to carefully read the decision and understand the reasons given, the review rights attached to it, and the deadlines that apply. We assess the decision, advise on your prospects, and help you decide whether to seek review, reapply, or pursue another pathway.

ART Appeals (Administrative Review Tribunal)

Many refused or cancelled decisions can be reviewed on their merits by the Administrative Review Tribunal (ART). At review, the Tribunal looks at your case afresh and can substitute a more favourable decision. Success depends on presenting clear, well-organised evidence and persuasive submissions within strict timeframes. We prepare and lodge your application, draft statements, organise your supporting documents, and represent your case so it is put forward in the strongest possible way.

Health & Character Waivers

Some applications are refused because an applicant does not meet the health or character requirements. In certain cases a waiver may be available, allowing the decision-maker to grant the visa despite the issue after weighing factors such as the cost to the community, compassionate circumstances, and the strength of your ties to Australia. We help you gather the medical, financial, and personal evidence needed and prepare submissions that address the relevant criteria.

Deadlines are the first battle

Review periods are short and, for most migration decisions, cannot be extended — commonly 21 or 28 days from notification, and much shorter in detention and some bridging visa cases. The decision letter states the exact deadline and the date on which notification is taken to have occurred. The practical rule is simple: the day a refusal or cancellation arrives is the day to seek advice. A filing fee applies to most migration reviews — currently $3,580 — with concessions in cases of financial hardship and a partial refund where the review succeeds.

The section 48 bar — why a refusal changes everything

An applicant who is refused a visa while in Australia, and who does not hold a substantive visa, is generally barred by section 48 of the Migration Act from lodging most further visa applications without first leaving the country. Limited exceptions exist — partner visas among them, and certain skilled applications with state nomination. The bar is why a first refusal is rarely just a setback: it can close pathways that were open the day before. Anyone refused onshore should understand their section 48 position before deciding whether to seek review, reapply, or depart.

Natural justice letters — the chance before the decision

Before refusing on certain grounds, the Department must often put adverse information to the applicant and invite a response — commonly under section 56 or 57 of the Migration Act. These letters carry short response windows and are frequently the last real opportunity to save the application. A considered, well-evidenced response at this stage is worth more than a strong review application later. If a letter like this arrives, treat it with the same urgency as a refusal. And where the letter alleges false or misleading information or bogus documents, PIC 4020 is in play — and the stakes are higher again.

Beyond the Tribunal

If the Tribunal affirms a refusal, two narrower paths remain. Judicial review in the courts examines only whether a legal error was made — not whether the decision was fair or right. Ministerial intervention is discretionary, cannot be compelled, and is reserved for exceptional circumstances. Both are last resorts with their own strict time limits. The earlier a matter is put on a sound footing, the less likely either is ever needed.