Review of decision to cancel a visa

Generally, you are eligible to seek a review of a decision by Home Affairs to cancel your visa if you are in Australia at the time your visa is cancelled.

The cancellation decision will be reviewed by the Administrative Review Tribunal (ART) which is a body independent from the Department of Home Affairs. The ART will examine the grounds on which your visa was cancelled, including the validity of the cancellation process i.e. whether you were given the opportunity to comment on the grounds on which the cancellation would be made.

As the ART will examine the grounds of your visa cancellation, the supporting documents will need to focus on addressing the grounds of cancellation. For example, if the visa cancelled was a student visa and was cancelled because you failed to meet a visa condition that related to continuous enrolment in study, then the ART would expect to examine your reasons why you failed to maintain continuous enrolment.

As at 1 July 2024, the ART fees for merits reviews are as below:

• migration decisions – A$ 3,496
• protection decisions – A$ 2,151

The ART will also refund 50% of your fee if it makes a decision in your favour i.e. it concludes that the Department of Home Affairs decision was incorrect.