Overview
Australian Visa Refusal & Cancellation Appeals
If your Australian visa application has been refused or cancelled, the decision may not be final. In many cases, applicants have the right to seek a Merits Review before the Administrative Review Tribunal (ART).
Abu Legal is an Australian migration law firm providing specialist Merits Review representation for visa refusals and cancellations. We assist clients across Australia with lawyer-led advocacy, structured legal submissions, and strategic evidence preparation to maximise prospects of success at the ART.
What Is a Merits Review Under Australian Migration Law?
A Merits Review allows the Administrative Review Tribunal to independently reconsider:
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The facts and evidence relied upon by the Department of Home Affairs
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The application of migration law and policy
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Whether the correct and preferable decision should be made
The Tribunal has authority to:
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Affirm the original decision
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Set aside the decision
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Substitute a new decision
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Remit the matter for reconsideration with directions
Unlike Judicial Review, a Merits Review focuses on the substance of the visa decision, not just legal error.
When Can You Apply for Merits Review at the ART?
You may be eligible for Merits Review if:
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Your visa was refused by the Department of Home Affairs
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Your visa was cancelled
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You received a written notice confirming review rights
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You apply within the strict statutory time limits
Eligibility depends on:
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Visa subclass
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Whether you are onshore or offshore
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The nature of the decision
⏳ Time limits are critical, often between 7 and 21 days. Abu Legal urgently assesses review rights to prevent missed deadlines.
Merits Review Matters We Handle
Abu Legal represents clients in a broad range of ART visa appeal matters, including:
Visa Refusal Reviews
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Skilled migration visas (Subclass 189, 190, 491)
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Partner and family visas
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Student and graduate visas
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Employer-sponsored visas
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Visitor visas
Visa Cancellation Reviews
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Character-based visa cancellations
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Compliance-related cancellations
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Alleged breach of visa conditions
Complex Tribunal Matters
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Incorrect assessment of evidence
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Failure to consider relevant material
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Procedural fairness breaches
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Misapplication of Australian migration law or policy
Our Merits Review Legal Process
A Merits Review is not a second visa application. It is a structured legal process that requires careful preparation.
1. Decision & Legal Analysis
We review:
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The refusal or cancellation decision
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Tribunal review rights
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Relevant legislation, regulations, and policy
2. Evidence Strategy
We identify:
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Gaps or inconsistencies in the original application
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Additional evidence required
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Tribunal concerns that must be addressed
3. Written Legal Submissions
We prepare comprehensive ART submissions explaining:
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Why the Department’s decision should be set aside
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How the evidence supports a different outcome
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Relevant Tribunal reasoning and legal principles
4. ART Representation
We represent clients at:
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Tribunal hearings
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Directions hearings
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Conferences (where applicable)
Why Choose Abu Legal as Your Merits Review Lawyer?
Choosing the right migration lawyer can significantly affect the outcome of your review.
Clients across Australia choose Abu Legal because we provide:
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Lawyer-led Merits Review representation
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Experience in complex and high-risk visa matters
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Clear, realistic advice on prospects of success
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Strategic handling of evidence and witnesses
Outcomes of a Successful Merits Review
If your Merits Review is successful, the ART may:
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Set aside the visa refusal or cancellation
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Substitute a new decision
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Remit the matter for lawful reconsideration
This can result in:
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Visa approval
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Restoration of lawful status
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A second opportunity to meet visa requirements
Strict Time Limits Apply – Speak to a Lawyer Urgently
Merits Review deadlines are strictly enforced. Missing a deadline can permanently remove your right to appeal.
📞 Contact Abu Legal immediately if you have received a visa refusal or cancellation notice.
Book a Merits Review Consultation with Abu Legal
Abu Legal provides professional Merits Review services across Australia, assisting both onshore and eligible offshore clients.
Book a consultation today to receive clear, strategic, and legally sound advice from experienced Australian migration lawyers.