Immigration Lawyers — Visas, Appeals & Character Matters.

AAT merits review — 28 days for most onshore refusals

Most visa refusals that attract AAT merits review give the applicant 28 days from the date of the refusal decision to lodge the review application. The 28-day period is calculated from the date the decision is made — not from when the applicant receives the letter. In practice, postal delay means applicants often have fewer than 28 days from receipt. An applicant who misses this deadline loses the right to AAT review permanently — no extension, no discretion, no exception.

Section 501 cancellation — as short as 9 days in detention

Where a visa is cancelled on character grounds under s501 and the holder is in immigration detention, the review application must be lodged within 9 days. This is one of the shortest mandatory review deadlines in Australian law. For persons not in detention, the period is 28 days. Given the gravity of these matters — mandatory detention and deportation if the review fails — obtaining legal representation from the moment of cancellation is critical.

Bridging visas — status while awaiting review

An applicant who lodges an AAT review application within the merits review timeframe typically remains in Australia on a Bridging Visa A (BVA) while the review is pending. The bridging visa allows the applicant to stay lawfully while their case is assessed. An applicant who misses the AAT deadline becomes an unlawful non-citizen, subject to mandatory detention if detected. Understanding the bridging visa status in each scenario is critical to avoiding unlawful status.

Federal Court judicial review — 35 days from AAT decision

Where an AAT decision is adverse, judicial review in the Federal Court of Australia must be lodged within 35 days of the AAT decision. Federal Court judicial review is not a merits review — the Court can only intervene where the AAT made a jurisdictional error or legal error. This is a specialist area requiring experienced immigration lawyers and, often, counsel. Where a genuine legal error is identified, a successful judicial review remits the matter back to the AAT for fresh consideration.

Ministerial intervention — a last resort, not a right

The Minister for Home Affairs has the power to intervene in immigration matters outside the usual review pathways — granting a visa or revoking a cancellation on public interest grounds. Ministerial intervention is entirely discretionary — there is no right to have the Minister consider the request, and the Minister's decision not to intervene is not reviewable by a court. However, a well-prepared ministerial intervention request — particularly in cases involving long-term residents, Australian citizen family members, or compelling hardship — can be effective where other pathways have been exhausted.

Who can provide immigration advice — MARA registration required

Only Australian lawyers and registered migration agents (registered with the Migration Agents Registration Authority — MARA) are legally permitted to provide immigration advice and assistance for a fee. Unregistered migration advice is a criminal offence. When engaging immigration help, always verify the person is either a registered Australian legal practitioner or a current MARA-registered migration agent. The MARA register is publicly searchable at mara.gov.au. Unlicensed advice providers are common and can cause serious, irreversible harm to visa applications.