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What we can review

We can review decisions made under the Migration Act 1958:

  • to refuse or cancel different types of visas
  • to refuse to approve a nomination of an occupation, activity or position
  • to bar, refuse to approve or cancel the approval of a sponsor
  • relating to requiring a security.

The Migration Act and the Migration Regulations 1994 specify what decisions we can review. 

The decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.

This part of our website contains information about the review of all visa and visa-related decisions except for

  • decisions about protection visas, and decisions made under section 197D of the Migration Act that a protection finding would no longer be made about a person
  • character-related visa decisions made under or relying on section 5H(2), 36(1C), 36(2C), 501 or 501CA of the Migration Act, and
  • decisions to cancel business visas made under section 134 of the Migration Act.

Reviews covered by this part of our website are done in the Migration & Refugee Division of the AAT under Part 5 of the Migration Act.

What we cannot do

  • review every decision to refuse or cancel a visa
  • review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
  • review a decision if you are not entitled to apply for a review.