Visa Refusal and
Visa Cancellation

immigration
Visa Refusal
immigration
Visa Cancellation

Sample Structure for a Response / Submission (Refusal or Cancellation)

Below is a high-level structure that can be adapted by our team for submissions to ART or Federal Court:

1. Introduction & status

  • Client identity, visa history, current status/bridging visa
  • What decision is being challenged (refusal / cancellation) & key date

2. Grounds of challenge

  • For ART: issue-by-issue challenge of factual / legal errors
  • For Federal Court: identify specific legal errors (procedural fairness, jurisdictional error, misdirection)

3. Factual re-presentation

  • Reframe the client’s narrative carefully and consistently
  • Insert new evidence with cross-references
  • Use affidavits/declarations, expert reports, third-party evidence

4. Legal submissions / policy arguments

  • Refer to relevant statute / regulation / case law
  • Show error in the decision-maker’s reasoning
  • Address each point raised in the refusal/cancellation notice

5. Mitigation / hardship (for cancellations)

  • Personal, family, health, community, employment, rehabilitation evidence
  • If applicable, community ties, length of residence, good conduct

6. Conclusion & orders sought

  • Clear statement of what relief is sought (revocation, quashing, remittal, granting visa)
  • Any alternative requests (e.g. interim stay, bridging visa, ministerial intervention)
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