Visa Refused or Cancelled? Here's What You Can Do Next

Receiving a notice that your Australian visa has been refused or cancelled can be incredibly stressful — especially if you're already in the country, separated from loved ones, or your plans have been put on hold. But it’s important to know this: you may still have options.

Below, we break down what a visa refusal or cancellation means, what you can do next, and how a registered migration agent can help.

What’s the Difference Between a Refusal and a Cancellation?

• Visa Refusal: This means your visa application has been refused before a visa was granted. It could be due to incomplete information, failure to meet eligibility criteria, health or character concerns, or failure to satisfy subjective requirements like the Genuine Temporary Entrant (GTE) criteria.

• Visa Cancellation: This means a visa that was already granted has been cancelled, usually due to a breach of visa conditions, new information about your eligibility, or character grounds (under section 116 or section 501 of the Migration Act).

Step 1: Read the Decision Letter Carefully

The refusal or cancellation notice from the Department of Home Affairs will include:

• The reason(s) for the decision

• Whether you have a right to review

• The timeframe in which you can lodge an appeal

This letter is critical. Keep a copy and do not ignore it.

Step 2: Do You Have Review Rights?

In many cases, you can apply for a review of the decision through the Administrative Appeals Tribunal (AAT) — but not always.

You may be eligible for review if:

• You applied onshore (from within Australia)

• You hold a visa with review rights

• You have been nominated or sponsored and the sponsor also has review rights

 Time is crucial – most appeals must be lodged within 21–28 days of the decision, depending on your circumstances.

Step 3: Consider Your Options

Depending on your case, here are the typical options:

 Merits Review (AAT)

If eligible, you can request a review. The AAT will assess whether the Department made the correct decision and can overturn the refusal.

 Ministerial Intervention

In exceptional cases, you may apply for ministerial intervention after an AAT refusal. This is only granted in unique, compelling, or compassionate circumstances.

 Leave Australia and Reapply

If you're not eligible for a review, or your appeal rights have expired, you may need to depart the country and reapply from offshore — though this may trigger re-entry bans (e.g. section 48 bar or 3-year exclusion periods).

 We recommend you seek the advice of a Registered Migration Agent or lawyer to help understand which option is  most suitable to you.

Common Reasons for Visa Refusal or Cancellation

• Not meeting visa criteria (e.g. financial capacity, skills, English level)

• Providing false or misleading information

• Failing to respond to a request for further information

• Breaching visa conditions (e.g. working when not permitted)

• Character concerns, including past convictions or police checks

How a Migration Agent Can Help You

Having your visa refused or cancelled doesn’t mean it’s the end of the road — but it’s crucial to act quickly and get accurate advice.

A registered migration agent can:

• Review your decision letter and explain your options

• Lodge an AAT appeal on your behalf

• Prepare submissions and gather supporting evidence

• Guide you through the hearing process

• Explore alternative visa pathways or exemptions

Need Help? Get in Touch

We’ve assisted clients with everything from student visa refusals to character-based bans. If you’ve had a visa refusal or cancellation, reach out to our team today for a confidential consultation — the sooner you act, the better your chances.

Ingrid Parry-Hayden
MARN #2318165
Email: ingrid@haydenmigration.com.au
Phone: + 61 (3) 8679 2298

Understanding Entertainment Visas in Australia: A Guide for Performers and Agents

Australia’s vibrant arts and entertainment industry attracts talented performers, artists, and production crews from around the world. Whether it's a touring musician, film crew, or theatrical performer, those seeking to work in Australia's entertainment sector must hold the appropriate visa.

As a registered migration agent, I often work with clients navigating the unique requirements of entertainment visas. Here’s a clear overview to help you understand how these visas work, and what you need to prepare if you're looking to work—or bring someone to work—in Australia's entertainment industry.

What Is an Entertainment Visa?

In Australia, the primary visa subclass used for entertainment purposes is the Temporary Activity Visa (Subclass 408)under the Entertainment Stream. This visa allows individuals to enter the country temporarily to work in the entertainment industry.

This may include:

• Actors, musicians, and dancers performing in live events or recorded media.

• Directors, producers, and technical staff on film and television productions.

• Crew members supporting performance tours.

• Individuals involved in reality TV, modeling, and promotional work.

Who Can Apply?

The Subclass 408 (Entertainment) visa is for individuals who are:

• Invited to work in the Australian entertainment industry.

• Coming for a short-term, non-ongoing role.

• Sponsored or supported by an Australian organisation or individual.

Applicants must demonstrate they have a genuine invitation, a detailed work schedule, and in most cases, approval or consultation with the relevant unions or industry bodies.

Key Requirements

1. Sponsor or Supporter

   • A registered Australian organisation or eligible individual must sponsor or support the applicant.

   • If sponsoring, the sponsor must be approved and submit a Temporary Activities Sponsorship or Letter of Support, depending on the circumstances.

2. Application Documentation

   • Evidence of the project (contracts, schedules, press releases, etc.)

   • MEAA/MUA (or relevant body) consultation/approval letter.

   • Details of the applicant’s experience and qualifications.

   • Health insurance and health/character requirements, If applicable.

3. Union Consultation

   • The Department of Home Affairs requires consultation with relevant unions to ensure the proposed activity aligns with Australian industry standards.

   • For example, performers often need MEAA support, while instrumentalists or crew roles might require consultation with other bodies like the Musicians Union Australia (MUA) or Australian Cinematographers Society (ACS) or Australian Production Design Guild (APDG).

4. Duration of Stay

   • This visa is typically granted for the duration of the project, with a maximum stay of up to 2 years, though most entertainment visas are for shorter periods (e.g., weeks to a few months).

Common Scenarios

• Touring Artists & Musicians: Bands or solo performers coming for a multi-city tour must provide a detailed itinerary, venues, promotional material, and MEAA approval.

• Film & TV Productions: International actors or technical crew involved in an Australian-based production will need sponsorship and production documentation.

• Reality TV or Commercial Work: Models or influencers appearing in commercials or promotional media will still need to go through the entertainment visa process.

Processing Time & Tips

• Processing time varies, but it’s recommended to apply at least 4–6 weeks before the intended travel date. Don’t forget to leave extra time for preparing the application and consulting with relevant approval bodies and unions.

• Having a well-prepared application with all supporting documents greatly reduces delays.

• Applicants from certain countries or industries may be subject to additional checks.

Why Work With a Migration Agent?

Navigating union consultations, sponsorship obligations, and government requirements can be time-consuming and confusing—especially for overseas applicants and first-time sponsors. As a migration agent, I:

• Assist with document preparation.

• Liaise with unions like MEAA or MUA on your behalf.

• Ensure your timeline and visa conditions are met.

• Provide tailored advice based on your role, project, or tour.

Australia continues to be a global destination for world-class performances and productions. Whether you're an artist, crew member, or organiser, ensuring you have the correct visa is crucial for a smooth, stress-free entry into the country.

If you're planning to bring international talent into Australia or you're a performer looking to secure the right visa, I’m here to help. Get in touch for a consultation or to discuss your entertainment visa needs.

Ingrid Parry-Hayden
Director & Registered Migration Agent
MARN #2318165

ingrid@haydenmigration.com.au
+61 (03) 8679 2298

Suite 18/Level 4, 54 Wellington Street,
Collingwood, VIC 3066
AUSTRALIA

The benefits to employers of employer sponsored visas

Employers often come to us to tell us stories of how they are struggling to find local labour to fill critical positions in their businesses.  Once presented with a viable solution using the employer-sponsored visa pathway the common reaction is ‘it's too difficult’ or ‘too costly”. Employers are likely to feel overwhelmed by the process. But when you break it all down, there are a lot of positive reasons to go down the employer sponsor pathway.

More Talent & Skilll

First, you have access to a much wider talent pool. Employers can recruit workers from overseas when local talent is scarce. This means employers have more opportunities to find the right fit and fill critical skill gaps.

Employee Loyalty

Second, sponsorship enhances employee loyalty and reduces turnover. Foreign sponsored workers are more likely to feel committed to their employer given the time and effort they have spent in sourcing the employee. Once here, employees also tend to want to stay long term so are more likely to remain loyal where there is a potential to move to permanent residency.

Enhancing Workplace Diversity

Third, it enhances diversity in the workplace. A diverse workforce can drive innovation and improve problem solving by incorporating different perspectives and experiences.

Cost-Effective Long-Term Solution

While the initial process may seem costly or complex, employer-sponsored visas can be a cost-effective solution in the long run. Once the employee is settled in their role, the costs of recruitment and training local staff to fill these critical positions can quickly add up. Moreover, bringing in a skilled foreign worker can boost overall productivity and contribute to business growth, which outweighs the initial investment.

Addressing Skills Shortages

As industries evolve and new technologies emerge, the need for specialized skills grows. Employer-sponsored visas provide a way for businesses to tap into global talent that possesses cutting-edge expertise, especially for sectors facing significant skills shortages. Rather than spending years waiting for local talent to catch up, employers can quickly fill these gaps and stay competitive in a fast-changing landscape.

A Streamlined Process with the Right Support

Navigating the employer-sponsored visa process can seem daunting, but with the right support, it becomes much easier to manage. Immigration consultants and experts can guide businesses through each step, from choosing the appropriate visa type to ensuring compliance with all regulatory requirements. When handled correctly, the process becomes a manageable task that leads to lasting success.

Conclusion

While the employer-sponsored visa pathway might seem challenging at first, it offers numerous advantages for businesses struggling with skill shortages. Access to a broader talent pool, increased employee loyalty, enhanced workplace diversity, long-term cost savings, and the ability to address evolving skills needs are all significant benefits. With the right guidance, the process can be streamlined, making it a powerful solution for businesses seeking to thrive in today’s competitive market.

If you would like to discuss the process for employer-sponsored visas further, or need assistance navigating the complexities, please get in touch with us. We're here to help you find the best solution for your staffing needs.

National Innovation visa to replace the Global Talent visa (subclass 858)

The new National Innovation visa (subclass 858) (NIV) was introduced by the Federal Government on 6  December 2024.  The NIV replaces the Global Talent visa.

The purpose of the visa is to offer high-caliber individuals with an internationally recognised record of exceptional achievement an opportunity to become Australian permanent residents.  There are no age restrictions or minimum English requirements for this visa.

The key requirements are:

• The applicant is prominent in their area;

• The applicant must demonstrate that they will be an asset to the Australian community and would have no difficulty obtaining employment in their area of expertise

• The applicant must be nominated by either an Australian individual or organisation with a national reputation in the same area as the applicant

 A broad range of individuals with exceptional skills can apply, including:

• Research and thought leaders;

• Entrepreneurs

• Innovation investors

• Athletes and creatives

 To apply for the NIV applicants must submit an Expression of Interest (EOI).  If invited, applicants then submit an application for the NIV with the Department of Home Affairs.

Contact us today to find out more.

New changes explained: 482 SID visa (formally known as 482 TSS visa)

The Federal Government has finally introduced the Skills in Demand Visa (SID), which will replace the 482 TSS visa on 7 December 2024.

In our previous update, we gave a basic overview of the various streams that will make up the SID visa. Now that the dust has settled, we can provide further details on this visa.

The SID visa consists of three streams: (i) core skills stream (ii) specialist skills stream (iii) labour agreement stream.  Each stream has its own list of eligibility requirements, however, general eligibility across the three streams consists of:

• Applicants must have at least one year of full-time relevant work experience within the past five years

• Applicants must satisfy the skills and qualifications of the particular occupation you are applying under

• Applicants must satisfy the English language requirements  - IELTS score (or equivalent) of level 5 overall, a minimum of 5 in each component

For the core skills stream, applicants must nominate an occupation on the new CSOL list. And your employer will have to pay you at least $73,150 AUD per annum.   For the specialist stream, any occupation can be nominated (except for trades workers, machinery operators, drivers, labourers). Employers for the specialist stream will need to pay at least $135,000 AUD per annum.   The labour agreement stream remains relatively unchanged and is a negotiated agreement with the Federal Government to bring in workers with certain concessions to accommodate those sponsors that are unable to find suitable employees on the local market.

Some of the key benefits of the SID are:

• SID visa holders now have 180 days to find a new sponsor if they change jobs without breaching the conditions of their visa

• All full-time sponsored employment counts toward permanent residency eligibility, even when SID visa holders change employers

• There is a direct pathway to permanent residence through the Employer Nomination Scheme 186 visa.

 The SID visa represents the Federal Governments commitment to streamlining the employer sponsored visa pathways.

 To understand more about this vis call us on +61 03 8679 2298 or email us today.

Expanding employer-sponsored pathways to permanent residence

The Federal Government has recently announced changes to the employer-sponsored pathway to permanent residence.

These changes apply to:

• Temporary Skill Shortage (subclass 482) (TSS) visa applicants and;

• Temporary Residence Transition (TRT) of the Employer Nomination Scheme (subclass 186) (ENS) applicants.

Changes to TSS applications

TSS visa applicants in the short-term stream will not be restricted to a maximum of two applications. Previously, a TSS visa holder in the short-term stream could only apply once for an extension in Australia. The recent changes remove the cap allowing TSS holders to apply for a third or subsequent TSS visa onshore.

Changes to the nomination requirements for the TRT stream of the ENS viss

• Sponsoring employers can now nominate all TSS visa holders for permanent residency, including short-term and labour agreement streams.

• Nominated occupations will not be confined to the skilled occupation list, rather, they just need to be listed in the Australian and New Zealand Standard Classification of Occupation (ANZCO)

• The duration that the TSS workers must hold their visa and work in their nominated occupation is reduced from 3 years to 2 years.

The above changes apply to applications made after the 25th November 2023.

New Changes to Public Interest Criteria

Applicants (and family members) seeking an Australian visa may be required to pass a medical examination before the Department of Home Affairs will grant the visa (Migration Regulations, 1994, Schedule 4, Public Interest 4005, 4007).

Situations have arisen where a family member tied to the primary applicant did not meet the health requirement, in which case the Department could refuse an application by the primary applicant (the ‘One Fails, all Fail’ rule).

A recent amendment to Schedule 4 of the Migration Regulations provides that a minor born and residing in Australia and tied to the primary applicant will no longer be required to meet certain health requirements.

This change will be of significant benefit to parents or carers of minors who would otherwise satisfy the visa application requirements but for their child’s disability or health condition.

Overhaul of Student Visa Migration Program.

Overhaul of Student Visa Migration Program

The Commonwealth Government has also indicated intended changes to the Student Visa Migration Program. These include:

a. Introduction of a Genuine Student Test for all international students, to replace the current Genuine Temporary Entrantrequirement.

b. Prioritisation of student visa processing based on the risk-level of providers.

c. Increased English language requirements for international students:

·      IELTS 5.0 or equivalent for ELICOS student visa applicants

·      IELTS 5.5 or equivalent for student visa applicants undertaking foundation or pathway programs with reputable English language training providers

·      IELTS 6.0 or equivalent for other student visa applicants

·      IELTS 6.5 or equivalent for Temporary Graduate visa applicants

d. Reduced age limit for Temporary Graduate visa applicants from 50 to 35 years of age

e. Reduced length of stay for Temporary Graduate visa holders to 2 years for bachelor and master by coursework awards, and to 3 years for master by research and PhD awards

f. Temporary Graduate visa holders may be eligible for a second visa of up to 2 years depending on in regional areas: eligibility for second visa of 1-2 years in length depending on regional location.

The changes have not yet been implemented. For further information, please contact us.

Upcoming Changes to the Skilled Migration Program.

Upcoming Changes to the Skilled Migration Program

The partial release of the Commonwealth Government’s new Migration Strategy in December 2023 holds important implications for the future shape of Australia’s Skilled Migration Program. A new Skills in Demand visa will replace the current Temporary Skills Shortage visa. The new visa will have three pathways (or streams) and will be valid for four years from the grant date.

A. Specialist Skills Pathway

·      for applicants with annual earnings of $135,000 or more

·      annual limit of 3,000 places

·      processing time of 7 days

·      available for nearly all occupations (exceptions are trade workers, machinery operators, skilled labourers and drivers)

B. Core Skills Pathway

·      for applicants with annual earnings between $70,000 and $135,000 (indexed annually)

·      targeted occupations to be listed on a Core Skills Occupation List (will include selected trade workers)

·      processing time of 21 days

C. Essential Skills Pathway

·      for applicants with annual learning below $70,000 (indexed annually)

·      likely to be restricted to aged- and disability-care workers, and subject to union approval and oversight

·      processing time of 21 days

Welcome to Hayden Migration.

Dear Readers,

Welcome to Hayden Migration, we’re thrilled to have you here!

We are a family-run team of experienced lawyers and agents specialising in the field of Australian Migration Law. Together we have over 15 years combined experience, and have represented clients from all over the world. Our areas of expertise are:

• Business visas

• Partner & Family visas

• Entertainment visas

• Work & Skilled visas

• AAT & Federal Court Appeals

We understand that the Australian migration process is challenging, but we’re here to make the process as care-free as possible. Whether you're considering a move for personal, professional, or educational reasons, or perhaps you have found yourself in a difficult situation with a letter from the Department. No matter the reason, no matter the visa, we are here to help you!

We don’t believe in hidden fees or costs and we strive to offer competitive prices and flexible payment plans for all our clients. Ask us today about our consultation rates, preparation-only & lodgement-only services.

We have created these blogs as your go-to resource for information and guidance relating to changes in legislation and/or important updates from the Department of Home Affairs.

What can you expect from our blog?

1. Expert Advice: Our team of experienced migration experts and legal professionals will share invaluable insights, tips, and advice to help you navigate the complexities of the migration process. From visa applications to settling into your new home, we've got you covered.

2. Success Stories: We believe in celebrating every success, big or small. Our blog will feature inspiring stories from individuals who have successfully made the leap and built a new life in Australia. These stories aim to motivate and reassure you that your dreams are within reach.

3. Country Guides: Considering multiple destinations in Australia for your migration? We'll provide comprehensive guides to popular migration destinations, outlining key aspects such as culture, lifestyle, job markets, and more. This information will help you to make informed decisions about your new home.

4. Important Updates: Stay up-to-date with last minute announcements.

Here's to new beginnings and exciting opportunities.

Welcome to Hayden Migration!

Best Regards,

Hayden Migration Team