Visa Appeals &amp; Compliance

Visa Refusal Appeal

When a visa is refused or cancelled, many decisions can be reviewed by the Administrative Appeals Tribunal (AAT). The AAT is an independent body that can review the merits of the DOHA decision. Strict time limits apply.

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Applicants whose visa has been refused or cancelled and who want to challenge the decision. Not all decisions are reviewable by the AAT.

AAT: months to years depending on caseload and visa type

Review process only — no visa granted by AAT directly

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Visa Cancellations

Any visa (permanent or temporary) can be cancelled by the Department of Home Affairs if the holder fails the character test. Failing the character test typically involves a substantial criminal record or serious misconduct. Cancellation can lead to detention and removal from Australia.

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Current visa holders who have received a Notice of Intention to Cancel (NOIC) based on failing the character test, or who have had their visa cancelled and are considering their options.

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Bridging Visas

Bridging visas are temporary visas that allow people to remain in Australia lawfully while their substantive visa application is being processed, or while they make arrangements to depart. There are five main types (A to E) with different rights and conditions.

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Anyone in Australia whose substantive visa has ceased (or is about to cease) while they are awaiting a decision on a new visa application, or who needs to remain lawfully in Australia temporarily.

BVA: instant (automatic). BVB: days. Others vary.

Varies: BVA/BVC/BVD/BVE are valid while substantive application is pending; BVB valid for a specified travel period

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Section 48 Bar

Section 48 of the Migration Act bars a person from lodging most Australian visa applications onshore if they have had a visa refused or cancelled since their last arrival in Australia and are either unlawful or on a bridging visa.

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People in Australia who have had a visa refused or cancelled since arriving and are now unlawful or on a bridging visa. The bar restricts what new visa applications can be made from within Australia.

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