Process (Cancellations – General Note)

• Process differs for general vs character cancellations.
• Typically a Notice of Intention to Consider Cancellation (NOICC) is issued inviting a response.
• Where mandatory cancellation applies, a cancellation notice issues and the visa holder may seek revocation.

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Time Limit (Cancellations – General Note)

• Review time limits vary by decision type and detention status.
• Character refusal/cancellation reviews often due within 9 days; other reviews commonly within 28 days of notification.
• Deadlines are strict.

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Costs (Cancellations – General Note)

• Tribunal fee for general cancellation reviews: AUD 3,580.
• Tribunal fee for character cancellation reviews: AUD 1,148 (may be reduced to AUD 100 in limited cases).

Considerations (General)

Grounds may include where:

• Visa was granted on facts that did not exist
• Facts are no longer true.
• Application contained incorrect information.
• Conditions were breached
• Holder presents risk to individuals or community. Other context-specific grounds (identity, security, custody, other legislation breaches, non-genuine intent) may apply.

The Process (General)

Department issues NOICC; the holder must show grounds do not exist or why cancellation should not occur. Mandatory cancellation triggers notice + opportunity to seek revocation. Strict response periods apply.

Time Limit (General)

Typical response time to NOICC: 5 working days if in Australia; 28 days if outside Australia. In some cases, +5 working days may be added. Statutory timeframes cannot be amended.

Appeals (General)

Possible merits review at the Administrative Review Tribunal (ART). Certain overseas cancellations require revocation first. Strict timeframes apply.

Considerations (Character)

Decision-maker assesses whether the holder passes the character test and relevant discretionary factors. Decision may be by Delegate or Minister personally.

The Process (Character)

Usually a NOICC is issued; for mandatory cancellation, notice is given and the holder may seek revocation. Strict response deadlines apply.

Time Limit (Character)

Review time limits vary by case and detention status. Character cancellation reviews commonly due within 9 days from notification.

Appeals (Character)

If revocation is refused by a Delegate, appeal may be lodged with the ART. The Minister’s personal decisions are not ART-reviewable and may require judicial review.

Costs (Character)

ART fee for character-based cancellations: AUD 1,148. May be reduced to AUD 100 in limited circumstances. If favourable, the fee is refunded less AUD 100.

Visa Refusal Considerations

Consider immigration status, ability to remain, options for other visas, and whether an ART appeal is available/strategic.

Tribunal Powers

The ART may: affirm the refusal; vary the decision; remit with directions; or set aside and substitute a new decision.

Administrative Review Tribunal

Independent merits review body covering a wide range of government decisions, including visa refusals and sponsorship/nomination refusals.

Review Applications

Applicants may argue decision-maker misapplied the law, improperly weighed evidence, or overlooked key facts. Refusals can trigger tight departure windows and future visa bars; prompt advice is essential.

Process (Visa Refusal Appeals – ART)

Making an application: lodge appeal to ART, preferably online. After application: ART may seek information, invite comments, or list a hearing. Prepare evidence (pre-hearing submissions, oral evidence, post-hearing submissions). A Member reviews all material and decides within powers. Processing times vary and may take months.

Timeframes & Costs (Refusal Appeals)

• ‍Timeframe: many refusals must be appealed within 21–28 days of notification; check your notice.
• ‍Cost: most migration review applications cost AUD 3,580. A 50% reduction may apply for severe financial hardship. If successful, 50% of the paid fee is refunded.