# What do I do if the government won't tell me why my visa cancellation wasn't reversed?

- Jurisdiction: Australia
- Practice area: Immigration Law
- Published: 2026-10-29
- Last updated: 2026-10-29
- Canonical: https://lawasked.com/au/immigration/i-if-government-won-t-tell-me-why

## Question

I am currently in Melbourne, Victoria, and I am feeling very stressed about my situation. About three weeks ago, on the 14th of October, the Department sent me a letter saying they had finished looking into my case regarding the cancellation of my visa. They decided not to revoke the cancellation, which means I am still at risk of being deported. However, the letter was incredibly vague. It told me the decision had been made, but it didn't actually explain the specific reasons or grounds for why they refused to reinstate my visa. I have already tried calling the helpline twice and even sent a formal email to my case officer last Tuesday to ask for a detailed breakdown of their reasoning, but I haven't received any response. I know I might be able to take this to the Administrative Review Tribunal, but I am confused because the letter doesn't clearly state the deadline for when I need to lodge my application, who is actually allowed to lodge it for me, or even where I am supposed to send the paperwork. Am I entitled to get the full reasons for their decision in writing before I try to appeal?

## Summary

Yes, you are entitled to receive specific details regarding the decision. Under the law, the notice you received on 14 October should have included the grounds for the decision and the specific details required to allow you to appeal to the Administrative Review Tribunal (ART).

## Analysis

Based on the letter you received on 14 October, the Department may have failed to meet its legal obligations. Because your situation involves a decision not to revoke a visa cancellation, the law is very specific about what your notice must contain.

Under Section 137M, when the Minister decides not to revoke a cancellation, the notice "must: (a) specify the grounds for the decision; and (b) state: (i) that if the non‑citizen was in the migration zone when the decision was made, the decision is reviewable by the ART; and (ii) the time in which the application for review may be made; and (iii) who may apply for the review; and (iv) where the application for review may be made" [1]. This means the letter you received is legally required to tell you exactly why they refused you, how long you have to appeal, who can lodge the appeal, and where to send it. If these details are missing, the Department has not complied with the requirements of this section.

Furthermore, if your case falls under specific character-related provisions (Section 501), the rules are even stricter. For decisions made by a delegate (an official acting on behalf of the Minister) regarding visa cancellations or non-revocations, the notice must include the reasons for the decision [2]. If you are in the migration zone, the notice must also be accompanied by copies of the documents the official used to make the decision, provided they do not contain sensitive or protected information [2].

It is important to note that even if the Department fails to give you this correct notice, the law states that "Failure to notify of a decision whether to revoke a cancellation does not affect the validity of the decision" [1]. This means the decision to keep your visa cancelled is still legally active, even if the letter was vague. You cannot rely on the Department's error to cancel the decision; you must instead find a way to access the information or move to the appeal stage immediately.

## Statutory citations

- Migration Act 1958, Section 137M - Notification of decision [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > Notice of a decision not to revoke a cancellation must: (a) specify the grounds for the decision; and (b) state: (i) that if the non ‑ citizen was in the migration zone when the decision was made, the decision is reviewable by the ART; and (ii) the time in which the application for review may be made; and (iii) who may apply for the review; and (iv) where the application for review may be made.
- Migration Act 1958, Section 501G - Refusal or cancellation of visa—notification of decision [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > the Minister must give the person a written notice that: ... (e) sets out the reasons (other than non ‑ disclosable information) for the decision; and ... (f) if the decision was made by a delegate ... (i) states that the decision can be reviewed by the ART; and (ii) states the time in which the application for review may be made; and (iii) states who can apply to have the decision reviewed; and (iv) states where the application for review can be made

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