Visa refused or cancelled? I can help.
ART Tribunal Review (21–70 days): Merits review at the Administrative Review Tribunal. The ART can set aside, vary, or affirm the Department's decision. I prepare comprehensive submissions and represent you at hearings.
Visa Cancellation Defence (28 days): Strategic defence against visa cancellation under s.109, s.116, s.128, and s.501. I respond to notices of intention to cancel and prepare formal submissions.
Federal Circuit and Family Court Review (35 days): Judicial review of ART decisions in the Federal Circuit and Family Court of Australia (Division 2). I identify jurisdictional errors and run the application to hearing.
Federal Court Appeals (28 days): Federal Court appeals on questions of law. For cases with significant legal issues requiring higher court consideration.
Ministerial Intervention (No fixed limit): Last resort applications requesting the Minister to exercise discretion under s.351 and s.501J. Compelling submissions addressing the criteria in the current Ministerial Instructions.
s.501 Character Cancellation (9 business days): Defence against visa cancellation on character grounds. Representations, tribunal appeals, and ministerial intervention applications.
Natural Justice Responses (As specified): Expert responses to natural justice letters and adverse information notices. A well-crafted response can prevent a refusal before it happens.
PIC 4020 Defence (As specified): Accused of providing false documents or misleading information? PIC 4020 carries 3-year and 10-year bans. Expert defence and waiver applications.
Time limits
- ART — Visa Refusal — onshore 21 days, offshore 70 days. Strict — no discretion to accept late applications.
- ART — Visa Cancellation — onshore 21 days, offshore 70 days. Bridging visa depends on lodging within time.
- ART — s.501 Mandatory Cancellation — onshore 9 business days, offshore N/A. Extremely urgent — act immediately.
- Federal Circuit and Family Court (Division 2) — onshore 35 days, offshore 35 days. Extensions possible but not guaranteed.
- Federal Court — onshore 28 days, offshore 28 days. Leave to appeal required in most cases.
The process
Book a consultation: Tell me what happened. I review the decision letter, identify grounds for review, and give you an honest assessment of your prospects — no jargon, no false hope.
I prepare your appeal: I draft your grounds of review or tribunal submissions, gather supporting evidence, and prepare a complete, compelling case. You pay for this stage only when we proceed.
Lodgement and representation: I lodge your application within the time limit and represent you at hearings. Milestone payments align with the work completed — no large upfront retainer.
Decision and next steps: Whatever the outcome, I advise you on your options — including further avenues such as court review or ministerial intervention if needed.
Questions and answers
How long do I have to appeal a visa refusal?
Time limits depend on where you are and which forum applies. For ART review, onshore applicants generally have 21 days from notification; offshore applicants have 70 days. For judicial review in the Federal Circuit and Family Court of Australia (Division 2), the limit is 35 days from the ART decision. These limits are strict — the ART cannot accept late applications. Act immediately.
What is the difference between ART review and judicial review?
ART (Administrative Review Tribunal) review is a merits review — the ART can look at the facts of your case afresh and substitute a different decision. Judicial review in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court is limited to legal errors — the court cannot simply substitute a better decision, but can send the matter back to be decided correctly. Merits review is generally the first step; judicial review follows if the ART decision is also adverse.
Can I stay in Australia while my appeal is pending?
If you lodge an ART application within the time limit while you are in Australia, you will generally be entitled to a bridging visa that allows you to remain lawfully while your appeal is pending. The specific bridging visa and its conditions depend on your circumstances. I will advise you on your bridging visa entitlements as part of your consultation.
How much does a visa appeal cost?
Costs vary depending on the complexity of the matter, the forum, and the work required. I operate on a milestone payment model — you pay for each stage of work as it is completed, not a large retainer upfront. After your initial consultation, I will provide a written proposal setting out the scope of work and fees for each milestone.
What are my chances of winning a visa appeal?
I cannot give you a general success rate — outcomes depend entirely on the specific grounds for refusal or cancellation, the evidence available, and the legal arguments in your case. What I can do is give you an honest assessment of your prospects after reviewing your decision letter. I will not encourage you to proceed with an appeal that has no reasonable prospects of success.
What happens if my appeal is unsuccessful?
If the ART affirms the decision, you may have grounds for judicial review in the Federal Circuit and Family Court of Australia (Division 2) if the ART made a legal error. Alternatively, ministerial intervention may be available in exceptional circumstances. I will advise you on all available options at each stage.
Does MyVisaAppeal provide legal advice?
MyVisaAppeal is operated by MyVisa Lawyers. Nilesh Nandan is a practising immigration lawyer with 27 years of experience who provides legal advice on visa appeals and cancellations. General information on this website is not legal advice — for advice specific to your circumstances, book a consultation.