What we can review
We can review the following decisions made under the Migration Act 1958:
- to refuse or cancel any type of visa, including a protection visa, on character grounds under section 501
- to not revoke the mandatory cancellation of your visa on character grounds under section 501CA
- to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C)
- to cancel a business visa under section 134.
These reviews are done in the General Division of the AAT.
The decision letter will tell you if we can review the decision and if you are a person who can apply for a review.
Most decisions about visas are not based on character grounds and most business visa decisions are not cancelled under section 134 of the Migration Act. See other parts of our website for information about the review of:
- other decisions to refuse or cancel a protection visa, or decisions made under section 197D of the Migration Act 1958 that a protection finding would no longer be made about a person
- other visa and visa-related decisions.
Expedited review of decisions
Special rules and strict time limits apply to a review of a decision to refuse or cancel a visa under section 501 or to not revoke a mandatory cancellation of a visa under section 501CA of the Migration Act if the visa applicant or the person whose visa has been cancelled is in Australia. Find more information in the Expedited review of decisions under section 501 or 501CA of the Migration Act 1958 fact sheet.
What we cannot do
- review a decision under section 501 or 501CA made by the Minister personally
- review the mandatory cancellation of a visa under section 501(3A) of the Migration Act: you must first apply to the Department for revocation of the mandatory cancellation.