Visa Appeal Lawyer Melbourne
ART Reviews, Judicial Review and Cancellation Responses
Amity Lawyers represents clients in Melbourne and across Australia in visa appeals before the Administrative Review Tribunal, in judicial review proceedings in the Federal Circuit and Family Court, and in responding to cancellation notices before the Department makes a final decision. We are an immigration law firm, so the same lawyer who prepares your Tribunal submission can appear for you in court if the matter goes further.
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Registered Immigration Lawyers - Melbourne CBD
Deadlines
Time Is the One Thing You Cannot Get Back in a Visa Appeal
Your refusal or cancellation notice states a review deadline. For most migration decisions the Tribunal has no power to extend it. Miss it and merits review is gone, leaving only judicial review, which is narrower, harder and more expensive, or a request for Ministerial intervention, which is not a right at all.
The periods are short and they are not uniform. For most reviewable migration decisions the limit is 28 days from notification, or 14 days if you were in immigration detention on the day you were notified. For character decisions under section 501, it is 9 days. The clock starts from the date you are deemed to have been notified, which for a posted letter is not the day you opened it, and the day of notification itself counts.
If you have received a notice, contact a lawyer today. Not tomorrow. Not next week.
Visa Cancellations in Australia Doubled in Two Years
Departmental cancellations rose from 15,088 in 2022-23 to 37,033 in 2024-25, an increase of 145 per cent, with student visas accounting for most of the growth.
| Financial year | General cancellations (all powers other than s 501) |
Student visa cancellations | Section 501 character cancellations |
|---|---|---|---|
| 2022-23 | 15,088 | 4,712 | 625 |
| 2023-24 | 28,269 | 13,950 | 602 |
| 2024-25 | 37,033 | 21,611 | 948 |
Section 501 character cancellations rose 57 per cent in a single year, and section 501 refusals rose from 203 to 846 over the same period.
The revocation figures are the ones that should concern anyone holding a cancellation notice. In 2024-25 the Department decided 457 revocation requests following character cancellation and revoked just 31 of them.
Australian Visa Cancellations by Financial Year
Sourced from Department of Home Affairs data (2022–23 to 2024–25)
Source: Department of Home Affairs, Character (s501) and general cancellation statistics, financial years 2018-19 to 2024-25, published as at 30 June 2025.
Immigration Lawyers - Melbourne CBD
Types of Visa Appeal
Visa Appeals, Refusals & Cancellations, Every Type of Review
Not all visa appeals are the same. The right pathway depends on what type of decision was made, who made it, and where you were when you received it. Amity Lawyers acts across the full spectrum.
ART Visa Appeals
Merits Review of Refused or Cancelled Visas
The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. If your visa was refused or cancelled and the decision is reviewable, the Tribunal is usually your first avenue.
Merits review means the Tribunal takes a fresh look at the facts, the law and the policy, and makes its own decision. You can put on new evidence that was never before the case officer, give oral evidence at a hearing, and be legally represented.
The Tribunal is not a rubber stamp. Published figures show that between 1 July and 30 November 2025, 40 per cent of all migration decisions taken to the Tribunal were set aside and 23 per cent were affirmed. For family and partner visa refusals and cancellations, 51 per cent were set aside.
We represent clients in Tribunal matters including:
- Partner visa refusals (Subclass 820/801, 309/100, 300)
- Student visa refusals and cancellations (Subclass 500)
- Skills in Demand (Subclass 482) refusals and cancellations
- ENS Subclass 186 and skilled visa refusals
- General cancellation reviews under section 116
- Cancellation for incorrect information under section 109
- Character cancellation and refusal reviews under section 501, where the decision is reviewable
- Visitor visa refusals and cancellations
- Sponsorship and nomination refusals
Federal Court Appeals
Judicial Review of Migration Decisions
If the Tribunal affirms the decision, the next step is judicial review in the Federal Circuit and Family Court of Australia (Division 2). Appeals from that court go to the Federal Court.
Judicial review is limited to questions of law. You cannot re-argue the merits. The court is looking for jurisdictional error: a misconstruction of the Migration Act, a denial of procedural fairness, a finding made with no evidence to support it, or a failure to consider something the decision maker was bound to consider.
This is where the difference between a law firm and a migration agency stops being academic. A registered migration agent cannot appear for you in the Federal Circuit and Family Court or the Federal Court. If your matter has any prospect of reaching a court, you want a lawyer involved from the outset.
NOITCC Response & Section 501
Cancellation Prevention and Response
A Notice of Intention to Consider Cancellation is not a cancellation. It is the Department telling you it is considering cancelling your visa, and inviting you to explain why it should not. The response period is stated in the notice and is short.
Responding properly to a notice is almost always the cheapest and most effective point of intervention in the entire process. Once a cancellation decision is made you are in Tribunal territory, with a fee, a wait and a materially worse position. The revocation figures above show how rarely the Department reverses itself after the fact.
We act on:
- NOITCC responses covering student visa compliance, breach of visa conditions and incorrect information
- Section 501 character cancellation and refusal submissions
- Revocation requests following mandatory cancellation
- Ministerial intervention requests under section 351 or section 417
The Old AAT Is Gone.
How Does the New ART Affect Your Appeal?
The Administrative Review Tribunal Act 2024 commenced on 14 October 2024, dissolving the AAT. For migration and visa appeals, the practical differences include:
- Restructured jurisdiction. Migration matters now sit in the Migration jurisdictional area, with protection matters in a separate Protection jurisdictional area. The old Migration and Refugee Division no longer exists by that name.
- A Guidance and Appeals Panel. Created to address systemic issues and material errors in Tribunal decisions. Migration and protection decisions cannot be referred to it, so it does not give you an extra layer of appeal.
- Case management. The Tribunal has moved to a more active case management approach, with earlier directions and tighter timelines for filing evidence.
- Backlog. The AAT left a significant migration caseload that the Tribunal is working through. Matters are listed on a priority basis rather than strictly in order of lodgement.
If you previously received an AAT hearing date, your matter was automatically transferred to the ART. Your rights and review pathways remain substantially the same.
How It Works
How We Handle Your Visa Appeal, From Urgent Response to Outcome
Whether you are responding to a cancellation notice, appealing a refusal, or taking a Tribunal decision to court, our Melbourne immigration lawyers are Australian qualified and act on these matters every week.
Step 1: Consultation (30 minutes, free)
You send us the decision letter. We identify which time limit applies, calculate the deemed notification date, and tell you the last day you can lodge. If your window is closing this week, we say so on the call rather than booking you in for next week.
Step 2: Merits assessment and evidence strategy
We read the decision record and tell you honestly whether the Tribunal is likely to see it differently, what evidence would move the outcome, and whether an alternative pathway such as a fresh application is the better decision. Not every refusal is worth appealing, and you should hear that before you pay a Tribunal fee.
Step 3: Lodgement and ART / Court proceedings
We lodge the review application and pay the fee within time. For Tribunal matters we obtain the Department's file, prepare witness statements, draft written submissions and represent you at the hearing. For judicial review we draft the application and supporting affidavit and conduct the proceeding.
Step 4: Ongoing management
We prepare you for the hearing and attend with you. If the Tribunal affirms the decision, we advise on judicial review prospects immediately, because the window is short. If the outcome is favourable, we manage the remittal back to the Department through to grant.
Timeframes
Visa Appeal Deadlines - Know Your Window
If you miss a Tribunal deadline, your only remaining options are judicial review or, in limited cases, Ministerial intervention. Both are more complex, more expensive, and less likely to succeed than a timely review application. Section 347(5) of the Migration Act provides that the Tribunal’s general power to extend time does not apply to reviewable migration or protection decisions.
| Decision Type | Review Body | Deadline | Notes |
|---|---|---|---|
| Visa refusal or cancellation (onshore) | ART | 21 days from notification | Runs from the deemed notification date, not the date you read the letter |
| Visa refusal (offshore, sponsor applies) | ART | 28 days from notification | The Australian sponsor is ordinarily the review applicant |
| Sponsorship refusal | ART | 21 days | Employer sponsorship matters |
| Bridging visa refusal or cancellation in immigration detention | ART | 21 days from notification | Among the shortest limits in migration law |
| Character cancellation (s 501) | ART or Minister | 21 days for ART review; Ministerial intervention has no statutory deadline | Separate revocation pathway applies to mandatory cancellations. Ministerial intervention has no statutory deadline |
| NOITCC response | Department of Home Affairs | Usually 14-28 days | The notice is the authoritative source |
| Judicial review of a Tribunal decision | Federal Circuit and Family Court (Division 2) | 35 days from the decision | Must disclose jurisdictional error, not a disagreement on the merits |
Cost & Pricing
Visa Appeal Legal Fees, Fixed Fee Urgent Response Options
Visa appeals often arrive without warning. We offer fixed fee structures to match the urgency. There are two costs to plan for: the Tribunal’s application fee, which is paid to the ART, and legal fees, which are paid to us.
Tribunal Fees
Administrative Review Tribunal fee, from 1 July 2026
| Fee type | Amount |
|---|---|
| Review of a reviewable migration decision | AUD 3,727 |
| Reduced fee on financial hardship grounds | approx. AUD 1,863.50 |
| Review of a reviewable protection decision (generally payable only if unsuccessful) | AUD 2,293 |
| Concessional fee, where eligible | AUD 100 |
- Same day case assessment
- Deadline calculation
- Urgent Tribunal application lodgement where the window is closing
- Full case assessment and evidence strategy
- Legal submission drafting
- Tribunal hearing preparation and representation
- Post-decision advice
- Assessment of jurisdictional error grounds
- Drafting the application and supporting affidavit
- Conduct of the proceeding and court appearance
Migration Agent or Immigration Lawyer for Your Appeal, Why It Matters
If your appeal involves complex legal issues, a previous refusal history, character grounds, or any matter that may reach a court, you need a lawyer.
| Aspect | Registered Migration Agent | Immigration Lawyer (Amity Lawyers) |
|---|---|---|
| Tribunal representation | Can represent you at the ART | Can represent you at the ART, with legal professional privilege over advice |
| Federal Circuit and Family Court | Cannot appear | Full right of appearance |
| Federal Court | Cannot appear | Full right of appearance |
| Legal submissions | Limited to migration advice | Drafts submissions applying the Migration Act, the Regulations and case law to your evidence |
| Evidence strategy | Standard application support | Advises on evidence within the legal framework and can seek orders for the production of documents |
| Ministerial intervention | Can prepare standard requests | Frames the request within legal argument and assesses realistic prospects |
| Continuity | New representative needed if the matter reaches court | Same lawyer from the first call through to the Federal Court if required |
Since 22 March 2021, under the Migration Amendment (Regulation of Migration Agents) Act 2020, Australian legal practitioners holding an unrestricted practising certificate cannot be registered migration agents and were removed from the register. A lawyer giving immigration assistance in connection with legal practice does so under their practising certificate. If a firm advertises both, ask which one applies to the person handling your file.
Client Reviews
Real Clients. Real Results.
We measure success by the outcomes we achieve for the people who trust us with their migration matters. Here is what real clients say.
Visa Appeal Lawyer, Serving Melbourne and Greater Victoria
Our office is at Level 24, 570 Bourke Street, Melbourne VIC 3000. We serve clients across Melbourne’s metro area and regional Victoria.
The Tribunal’s Melbourne registry is at Level 4, 15 William Street, near the corner of Flinders Lane, a short walk from our Bourke Street office. Victorian matters are ordinarily listed there, and we attend hearings with our clients rather than sending them alone.
Australian immigration law applies uniformly nationwide, so having a Melbourne based law firm is a practical advantage rather than a legal one: face to face consultations, in person document signing and witnessing, and a lawyer you can sit down with on the day your letter arrives. For a matter with a deadline running, that is worth more than it sounds.
Our People
The Lawyers Acting on Your Matter
Every practitioner at Amity Lawyers is an admitted Australian legal practitioner holding a current Victorian practising certificate issued by the Victorian Legal Services Board and Commissioner, with an Australian Legal Practitioner Number you can verify on the public register, and each carries professional indemnity insurance.
You deal with the same lawyer from the first call through to the Tribunal hearing, and into court if the matter goes further. No file handovers, no paralegal drafting your submissions, no case number.
NAVID K.BAGHI
DIRECTOR & PRINCIPAL SOLICITOR
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
NATHALIA BONILLA
LEGAL ASSISTANT
NATHALIA BONILLA
LEGAL ASSISTANT
Evidence
What Actually Changes a Tribunal Outcome, and What Commonly Gets Missed
An appeal is not a second attempt at the same application. The Tribunal has the decision record in front of it, including the reasons the case officer gave. Appeals succeed when the new material answers those reasons directly. Here is what makes the difference.
Address the actual ground of refusal:
Read the decision record and identify the precise criterion the delegate found was not met. Evidence that does not go to that criterion adds volume without adding weight. Common gap: a bundle of documents that would have been persuasive on a different question.
Put on evidence that did not exist before:
The Tribunal can consider material that was never before the Department. Bank records covering the period since refusal, an updated employment contract, a medical report, a completed course. Common gap: applicants re-file the same evidence in a thicker folder rather than evidence of what has changed.
Explain the gap rather than ignoring it:
Where something in the original application was wrong, incomplete or late, the Tribunal will notice. A frank explanation with corroboration is far stronger than silence. Common gap: applicants avoid the very issue that caused the refusal, particularly in section 109 and section 116 matters where the Department's concern is candour.
Prepare for oral evidence:
In most migration matters you will give evidence at a hearing and answer questions from the member directly. Your lawyer can clarify and make submissions, but cannot answer for you. Common gap: applicants arrive having read their statement but never having been asked a hard question about it.
Download Our Visa Appeal Guide
An overview of the ART and judicial review processes, key deadlines, and what to expect at a Tribunal hearing. Includes a checklist of the documents you need when contacting a lawyer.
Resources
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Frequently Asked Questions
Visa Appeal Lawyer Melbourne - FAQs
Answers to the questions we hear most often. For detailed guidance on your specific visa type, visit the relevant service page or contact our team directly.
What is the difference between the ART and the old AAT?
The Administrative Review Tribunal replaced the AAT on 14 October 2024 under the Administrative Review Tribunal Act 2024. Migration matters now sit in a Migration jurisdictional area rather than the old Migration and Refugee Division, case management is more active, and a Guidance and Appeals Panel was added, though migration and protection decisions cannot be referred to it. Your review rights remain substantially the same. The change is structural, not jurisdictional.
How long does a visa appeal take?
It varies considerably by matter type and by the Tribunal’s caseload. Straightforward matters with limited evidence can be decided in months, while matters involving character grounds, extensive evidence or an interpreter commonly run past a year. The Tribunal is still working through the caseload it inherited from the AAT and lists matters on a priority basis. We give you a realistic estimate for your matter type at the first consultation.
Can I stay in Australia while my appeal is processed?
It depends on your status when the decision was made. If you held a Bridging Visa A at refusal, it generally continues during the review on the same conditions. If your substantive visa had already ceased, a Bridging Visa E is typically granted so you remain lawful, though it often carries work restrictions that must be separately applied to have lifted. We assess your bridging position at the first consultation, because it affects whether you can keep working while you wait.
What happens if I lose my ART appeal?
You may apply for judicial review in the Federal Circuit and Family Court of Australia (Division 2) within 35 days of the Tribunal’s decision. The court reviews for jurisdictional error only and cannot re-decide the merits. In limited circumstances you can also request Ministerial intervention under section 351 or section 417 of the Migration Act, which is a request rather than a right and is best reserved for genuinely exceptional circumstances.
Can a migration agent represent me in the Federal Court?
No. Only an Australian legal practitioner holding a current practising certificate can appear in the Federal Circuit and Family Court or the Federal Court. If your matter may reach a court, engage a lawyer from the outset. Grounds for judicial review often turn on how the Tribunal case was run, so involving a lawyer only after the Tribunal has decided can leave you with fewer arguments.
I have received a NOITCC. What should I do?
Contact a lawyer immediately. A NOITCC response is your best opportunity to prevent cancellation. The deadline is stated on the notice and is short. A well prepared response with supporting evidence and legal submissions can persuade the Department to discontinue the cancellation process. In 2024-25 the Department revoked only 31 of 457 character cancellations it reconsidered, so prevention is worth far more than reversal.
How much does a visa appeal cost?
The Tribunal charges an application fee. From 1 July 2026 the fee for review of a reviewable migration decision is AUD 3,727, with a 50 per cent reduction available on financial hardship grounds. It is payable on lodgement and the application can be dismissed if it is unpaid after six weeks. Half is refunded if the Tribunal sets aside or remits the decision. Protection reviews work differently, with AUD 2,293 generally payable only if the review is unsuccessful. Legal fees are separate and we quote them as a fixed fee.
Are ART deadlines ever extended?
For reviewable migration and protection decisions, no. Section 347(5) of the Migration Act provides that the Tribunal’s general power to extend time under the ART Act does not apply to these decisions. This is the single most important thing to understand about your letter. Late applications are almost never salvageable, so the first task is always to establish your deadline correctly.
Received a Visa Notice? Do Not Wait.
Whether you received a refusal, a cancellation, or a notice of intention to consider cancellation, the most important step is the first one. Call us today. We will tell you what your options are and what your deadline is.
Amity Lawyers: Level 24, 570 Bourke Street, Melbourne VIC 3000 03 8658 5959
Last updated: July 2026
Visa appeal deadlines, ART procedures, and migration law change frequently. This page is reviewed and updated quarterly. For the most current advice, speak directly with an Amity Lawyers immigration lawyer.