CGGMET

Migration Division · Stream 06

Reviews & Appeals

Strategic representation when a visa is refused, cancelled or under reconsideration — at every level of review.

REVIEWS & APPEALS STREAM

A Refusal Is Not the End of the Road

A visa refusal or cancellation is not always final. Australia’s review system gives most applicants a right to have a department decision independently re-examined — first by the Administrative Review Tribunal (ART, which replaced the AAT in October 2024), then in some cases by the Federal Court, and ultimately, in extraordinary circumstances, by the Minister for Immigration.

Strict statutory deadlines apply — often 21, 28 or 35 days. CGG MET handles end-to-end review and appeal work, from rapid lodgement through hearing representation. Our principal agent has appeared in tribunal matters since 2007.

What's covered in this stream

Tribunal review, ministerial intervention, court appeals, character and cancellation responses.

ART
Tribunal Review
s351 / s417
Ministerial
FCC / FCA
Court Appeals
s116 / s501
Cancellation

Review & Appeal Pathways

5 review & representation services

ART

ART Migration Review

Independent merits review of department decisions
Lodge within
21 / 28 / 70 days
Hearing
6–24 months
Outcomes
Affirm / vary / set aside

The Administrative Review Tribunal — which replaced the AAT in October 2024 — independently reviews most refused or cancelled visa decisions. The Tribunal can affirm the original decision, vary it, set it aside and substitute its own, or remit it back to the department with directions.

When ART Review Applies

s351/417

Ministerial Intervention

Discretionary public interest power
When
After ART or refusal
Timeline
Highly variable
Appeal
None

A non-compellable, non-reviewable discretionary power exercised personally by the Minister where it is in the public interest to grant a more favourable decision than is otherwise available under the Migration Act. Reserved for genuinely exceptional circumstances.

When to Consider Intervention

FCC/FCA

Federal Court Appeals

Judicial review on legal error grounds
Lodge within
35 days
Scope
Legal errors
Forum
FCC

Where the ART has refused review, judicial review proceedings can be brought in the Federal Circuit and Family Court. The Court does not re-decide the merits — it considers whether the Tribunal made a jurisdictional or other legal error in reaching its decision.

Common Grounds for Review

s501

Character & Health Waivers

Section 501 character · PIC 4007 health
Standard
Compelling reasons
Decided by
Delegate / Minister
Review
Limited

Section 501 of the Migration Act allows visa refusal or cancellation on character grounds. Health criterion PIC 4007 requires applicants to be free from conditions likely to result in significant cost to the Australian healthcare system. Both can be waived in compelling cases.

Common Issues We Handle

s116

Visa Cancellation Response

Notice of Intention to Consider Cancellation (NOICC)
Respond within
14–28 days
Grounds
s116 / s501
Review
Often available

If the department issues a Notice of Intention to Consider Cancellation, you typically have 14 to 28 days to respond before a decision is made. The response is the most important opportunity to present your case — refusals at this stage often lead to bridging visas, detention exposure or removal.

What We Do

Time is the most valuable thing in a review case

Statutory deadlines are not negotiable. If you have received a refusal letter, cancellation notice or NOICC, contact us as early as possible — even before deciding whether to engage. We provide a no-obligation initial review of the decision and your prospects.

Don't Accept the First Decision as Final

Independent review of your case by a MARA-registered agent — fast, candid and strategic.