Visa Cancellations and Refusals
(Including AAT Appeals)
A visa refusal or cancellation can be overwhelming, but it does not always mean the end of your migration journey. In many cases, applicants still have options to appeal the decision, provide further evidence, or apply for a different visa pathway under Australian migration law.
Visa refusals occur when an application does not meet legal requirements, while visa cancellations can happen due to non-compliance, new information, or changes in circumstances. Depending on your situation, you may be eligible to seek a review through the Administrative Appeals Tribunal (AAT) or pursue an alternative strategy.
At My Immigration Options, we specialise in assisting clients with visa refusals, cancellations, and AAT appeals. We provide clear advice, prepare strong submissions, and represent applicants through review processes, helping you respond quickly, protect your lawful status, and move forward with confidence.
Introduction
Receiving a visa refusal or cancellation notice from the Department of Home Affairs can be a stressful and discouraging experience. For many people, a refusal represents months of preparation and the hope of starting a new life in Australia, while a cancellation can disrupt families, careers, and long-term plans.
Although these situations are serious, they do not always mean the end of the road. In many cases, applicants have options to challenge the decision, provide further evidence, or apply for a review through the Administrative Appeals Tribunal (AAT).
At My Immigration Options, we specialise in helping clients respond to refusals and cancellations. We provide clear advice, prepare strong submissions, and represent applicants in appeal hearings to give them the best chance of success.
Visa Refusals
A visa refusal occurs when the Department of Home Affairs decides that an applicant does not meet the legal requirements for the visa. Refusals are communicated through a written notice that explains the reasons for the decision.
Common reasons for refusal include:
Failure to meet eligibility criteria, such as points test or financial thresholds
Insufficient evidence of a genuine relationship in partner or family visas
Weak or incomplete Genuine Temporary Entrant (GTE) statements for student visas
Health or character concerns
Incorrect or incomplete documentation
Previous visa breaches or overstays
It is important to read the refusal notice carefully, as it outlines whether you have review rights and the timeframe for lodging an appeal. In many cases, applicants have only 21 days to lodge an appeal with the AAT.
Visa Cancellations
A visa cancellation is different from a refusal. Cancellations occur when an existing visa is withdrawn by the Department due to non-compliance or new information that affects eligibility.
Common grounds for cancellation include:
Breach of visa conditions, such as working more hours than allowed on a student visa
Providing false or misleading information in an application
Failing to maintain health insurance when required
Criminal convictions or character issues
No longer meeting the requirements of the visa subclass
Cancellations are serious because they can make the applicant unlawful in Australia, affecting their ability to remain in the country or apply for another visa in the future.
What You Can Do on a Student Visa
The Subclass 500 visa offers flexibility and opportunities that go beyond studying.
Holders of this visa can:
Stay in Australia for the duration of their course, up to five years
Work up to 48 hours per fortnight during study terms and unlimited hours during course breaks
Include eligible family members in their application, such as a spouse or dependent children
Travel freely in and out of Australia while the visa remains valid
This makes the visa attractive not only for study purposes but also for those wanting to experience Australian life more broadly.
The Application Process
Applying for a Student Visa involves multiple steps, and missing any detail can delay or even jeopardise your application. The process typically involves:
Step 1
Apply for a Course and Receive a CoE
Before applying for your visa, you must be accepted into a CRICOS-registered course. Once enrolled, your education provider will issue a Confirmation of Enrolment (CoE).
Step 2
Create an
ImmiAccount
Applications are lodged online through the Department of Home Affairs’ portal known as
ImmiAccount.
Step 3
Prepare and Upload Your Documents
Documents include identity papers, financial evidence, health insurance, English test results, and your GTE statement. Providing complete and accurate information is critical.
Step 4
Pay the Visa
Application Fee
The standard fee as of 2025 is AUD $710 for the main applicant, with additional costs for dependants.
Step 5
Health and
Character Checks
Depending on your background, you may be required to attend medical exams and provide police clearances.
Step 6
Wait for a Decision
Processing times vary. Some applications may be finalised within a few weeks, while others can take months depending on complexity and workload.
Why students choose us
Personal advisers with UK immigration expertise who explain obligations, minimise delays and help you plan for arrival and registration.
Transparent pricing, step-by-step checklists and a friendly approach so you feel supported throughout the application journey.
- UK-licensed advisers
- Fast document checks
- Clear action plan
Trusted by students
“The adviser reviewed my documents in one session and told me exactly what to fix. My visa was granted within weeks — I felt supported every step of the way.”
Aisha, MSc Economics
Conditions of the Student Visa
Holders of the Subclass 500 visa must comply with strict conditions to remain lawful in Australia. Some of the most common conditions include:
Course
Enrolment
You must remain enrolled in a CRICOS-registered course and maintain satisfactory attendance and progress.
Work
Limitations
You can work up to 48 hours per fortnight during study periods and unlimited hours during official breaks.
Health
Insurance
You must maintain Overseas Student Health Cover for the duration of your visa.
Address Notification
Any changes to your residential address must be updated with your education provider and the Department within seven days.
Common questions
Do I need a consultation?
A short consultation quickly clarifies eligibility and the required documents — it often prevents costly mistakes later.
How long does processing take?
Processing varies by visa type and season; we estimate typical student visas at 3–8 weeks and provide tailored timing during consultation.
Can you help with dependants?
Yes — we advise on dependant eligibility, evidence and combined applications where students bring family.
The Administrative Appeals Tribunal (AAT)
The AAT is an independent body that reviews decisions made by the Department of Home Affairs. If your visa application has been refused or your visa cancelled, you may have the right to appeal to the AAT.
The AAT has the power to:
Affirm the Department’s decision (meaning the refusal or cancellation stands)
Vary the decision
Substitute the decision with a new one
Remit the decision back to the Department for reconsideration with specific directions
The process involves lodging an application within the strict timeframe, paying the relevant fee, and preparing a comprehensive submission. Applicants may also be invited to attend a hearing, where they present their case and provide evidence.
Timeframes and Deadlines
One of the most important aspects of dealing with refusals and cancellations is acting quickly. In most cases, applicants have only 21 days to lodge an appeal with the AAT. Missing this deadline usually means losing the right to have the decision reviewed.
Because of these strict deadlines, it is critical to seek advice as soon as you receive a refusal or cancellation notice.
Preparing a Strong Appeal
An appeal is not simply an opportunity to restate the original application. It is a chance to strengthen the case by addressing the Department’s concerns directly.
Successful appeals usually include:
Submitting appeals without addressing the specific reasons for refusal
Failing to provide new or stronger evidence
Missing deadlines for lodging the appeal or submitting documents
Attending hearings unprepared for questioning by the Tribunal member
Professional representation can make a significant difference in avoiding these pitfalls.
Common Issues in Appeals
Many applicants struggle with appeals because they underestimate the level of preparation required. Some of the most common issues include:
Submitting appeals without addressing the specific reasons for refusal
Failing to provide new or stronger evidence
Missing deadlines for lodging the appeal or submitting documents
Attending hearings unprepared for questioning by the Tribunal member
Professional representation can make a significant difference in avoiding these pitfalls.
Outcomes of AAT Appeals
If the AAT sets aside or remits the decision, the application is usually returned to the Department of Home Affairs for final processing. This does not always guarantee a visa grant, but it provides a much stronger chance of success.
If the AAT affirms the refusal or cancellation, applicants may still have options to escalate the matter further through the Federal Circuit Court, but this is limited to reviewing legal errors rather than reconsidering the facts of the case.
Alternative Options After Refusal
In some cases, lodging an appeal may not be the best option. Depending on the visa type and circumstances, applicants may choose to:
Submit a fresh visa application with stronger documentation
Apply for a different visa subclass that better suits their circumstances
Depart Australia and reapply offshore with a new strategy
Each case is unique, and the best pathway depends on the individual’s situation and long-term goals.
Why Apply with My Immigration Options?
Dealing with a refusal or cancellation can feel overwhelming, but you do not need to go through it alone. At My Immigration Options, we provide expert guidance and representation for clients facing refusals and cancellations.
By working with us, you benefit from:
Reviewing refusal and cancellation notices to identify options
Advising on whether to lodge an AAT appeal or reapply directly
Preparing detailed submissions and gathering supporting evidence
Representing clients in AAT hearings
Assisting with alternative strategies if appeals are unsuccessful
Our goal is to give clients the best chance of overturning a negative decision and continuing their migration journey in Australia.
Conclusion
Visa refusals and cancellations are among the most difficult challenges in the migration process, but they are not always the end of the road. With timely action, careful preparation, and professional support, many applicants are able to overcome these setbacks through appeals or alternative pathways.
At My Immigration Options, we have experience helping clients recover from refusals and cancellations. We understand the urgency, the emotional toll, and the importance of getting it right. Whether you need to lodge an AAT appeal, prepare a fresh application, or explore other options, we are here to support you.
Ready to book?
Book your free 30-minute consultation now. We’ll confirm documents to bring and set clear next steps during your session.
- Free 30-minute call
- Available evenings
- No obligation
Or fill out this Contact form below
NAVIGATION
OUR SERVICES
Consulting
CONTACT US
Australian Office: Level 21/133 Castlereagh Street, Sydney NSW 2000
+61 423 723 214
Philippine Office: Unit 4, Right Wing, Upper Ground Floor Goshen Land Towers Condominium General Luna Road, General Luna Upper Baguio City, Philippines 2600
Globe: +63 916 641 6395
Smart: +63 968 227 2668
© 2025 My Immigration Options | Privacy Policy | Terms and Conditions | Powered by The Level Up™