Visa Refusal Strategy Assessment
A visa refusal, a visa cancellation or an Administrative Review Tribunal (ART) matter is one of the most stressful situations a person can face in the migration system. There is usually a strict deadline, the reasons for the decision are often not what the applicant assumes, and the wrong next step can close options that were otherwise still open.
The Visa Refusal Strategy Assessment is a focused, paid service for people who have been refused, cancelled, or who are facing a review issue and need clear, honest advice before deciding what to do. It is designed to answer three questions quickly and accurately: do you have a viable case, do you have time, and is proceeding actually the right move.
ART Review Deadlines Are Strict
The time limit for applying to the Administrative Review Tribunal depends on the particular decision. Your notification letter should state whether the decision is reviewable, who may apply and the applicable time limit.
ART review time limits depend on the particular decision and review category. Some time limits cannot be extended, while an extension application may be available for certain non-expedited reviews. The deadline may also depend on the applicable notification rules. Your decision letter and the current ART requirements must therefore be checked immediately.
If a deadline may be approaching, do not wait until every supporting document has been collected before making contact. The first task is to identify the decision, the review right and the applicable time limit.
Who This Assessment Is For
This service is intended for people who:
- have received a visa refusal, onshore or offshore
- have received a visa cancellation
- are considering an application to the ART
- have already lodged an ART application and want the matter assessed
- are unsure whether to seek review, make a fresh application, pursue a different pathway, or stop
It is equally for people who suspect they may not have a viable case and want an honest answer before spending further time and money.
What the Assessment Includes
Each assessment is prepared personally by Simon Mander, Registered Migration Agent (MARN 0318058), and covers:
- review of the refusal, cancellation or review issue
- review of the decision record and the key supporting documents
- identification of the review deadline and confirmation of who holds the review right
- identification of the credibility, evidence and procedural problems that led to the decision
- assessment of whether the ground of refusal is capable of being addressed at review, or is fatal on the facts
- assessment of the realistic options, which may include review, a fresh application, a different pathway, or that no viable option exists
- an optional 40-minute consultation with Simon
- a written strategic assessment setting out the recommended next steps
What You Receive
Every assessment results in a written strategic recommendation. That recommendation may be to proceed to review, to make a fresh application, to pursue an alternative pathway, or that there is no viable option and precisely why.
The “no viable option” outcome is a complete result, not a failure of the service. A significant part of the value of this assessment is being told honestly, and in writing, when review would not succeed, so that you do not spend thousands of dollars and months of your life pursuing a matter that cannot be won. Knowing where you stand is the product.
Fictional Worked Example: More Evidence Was Not Yet the Answer
This example is fictional and is included to demonstrate how the assessment operates.
Arun receives a skilled-visa refusal and assumes that the solution is to obtain another employment reference and submit more payslips at the ART.
When the refusal decision and original application are examined, the central issue is not simply a shortage of documents. The expression of interest, résumé, employment reference and taxation records contain different employment dates. The disputed period also affects the amount of skilled employment relied upon in the application.
The strategic assessment would first identify Arun’s review right and deadline. It would then reconstruct the employment chronology, determine what each record actually establishes and assess whether the competing dates can be reconciled through independent evidence.
The recommendation might be to proceed with ART review where the discrepancy has a coherent and supportable explanation. It might instead be that another reference letter would not cure the underlying problem and that spending further money on review would not be justified.
The value of the assessment is not a predetermined recommendation to continue. It is identifying the real problem and providing an honest written opinion about the next step.
Standard and Express Assessment Fees
| Option | Turnaround | Fee |
|---|---|---|
| Standard | Written assessment within 5 business days of Simon receiving your documents and payment. | $950 |
| Express | Written assessment within 2 business days, prioritised ahead of scheduled work, where your deadline requires it. | $1,140 |
The applicable service and anticipated delivery date will be confirmed in writing before a services agreement and payment request are issued. An express assessment is accepted only where Simon confirms that the matter can be accommodated within the available time.
Which option applies depends on how much time remains before your deadline. Where a deadline is closer than two business days from the point Simon receives your documents, a full written assessment may not be deliverable in time. In those cases a shorter paid consultation focused on your review rights, your deadline and the immediate step can be arranged instead. This is a different service to the written assessment and is priced separately.
Scope and Limits
So that the service can be delivered promptly and at a fixed fee, the assessment has defined limits:
- the optional consultation is 40 minutes
- the assessment covers the decision record together with up to 50 pages of the documents most relevant to the refusal or cancellation; review of material beyond this is quoted separately
- urgent deadline advice is included as identification of the deadline and the immediate step, not as action taken on your behalf
- the assessment does not include lodging an ART review application or any other application
- any later representation, including preparing and lodging an ART review application, is a separate engagement under its own agreement and is quoted separately
- the assessment does not include advice or representation in judicial-review or other court proceedings; where court proceedings may require consideration, referral to an Australian legal practitioner may be recommended
Important: This Is Advice, Not the ART Review Itself
The Visa Refusal Strategy Assessment is advice about whether and how to respond to a decision. It is not the ART review itself, and purchasing it does not place your ART matter in Simon’s hands.
If, after the assessment, you decide to proceed and you want Simon to prepare and lodge your ART review application or otherwise act for you, that is a separate engagement with its own agreement, scope and fee. Until that separate agreement is signed, responsibility for meeting your deadline remains with you.
If You Decide to Proceed
If the written assessment recommends further representation, Simon agrees to accept the matter, and you enter the subsequent services agreement within 14 days after the assessment is delivered, the assessment fee you paid (inclusive of GST) will be credited against Simon Mander Consulting P/L’s professional fees for that representation.
Government charges, Tribunal fees, legal costs, disbursements and third-party expenses are not covered by the credit. Any later representation remains subject to a separate services agreement, scope and fee.
How It Works
| Step | What Happens |
|---|---|
| 1. Enquiry | You complete a short enquiry form, including the date your decision was notified. |
| 2. Review | Simon reviews your enquiry and confirms whether the matter is suitable for a standard or express assessment, or for a deadline consultation. |
| 3. Agreement | A service agreement is issued setting out the scope and fee. Work begins once it is signed and the fee is paid. |
| 4. Assessment | Simon reviews the decision and documents, holds the optional consultation if you want it, and prepares your written strategic assessment. |
| 5. Recommendation | You receive a written recommendation on the next steps, whatever that recommendation turns out to be. |
Simon’s Perspective
The applicants I see after a refusal are often surprised by what the decision actually turned on. They came prepared to argue that their relationship was genuine, or that their skills were real, when the decision was about whether the application had proved a particular fact, or whether a deadline or a status issue had already limited their options.
A refusal based on insufficient evidence is a different problem from one based on an adverse credibility finding, which is different again from a refusal on a ground that cannot be met on the facts. Providing more of the same material at review rarely helps if the real issue has not been identified. The purpose of this assessment is to find the actual problem first, and only then to advise whether it can be answered.
Frequently Asked Questions
How quickly do I need to act after a refusal?
Usually quickly. The applicable time limit depends on the particular decision and the legal notification rules. For migration review applications, the ART does not have power to extend the statutory application deadline. The first task is therefore to identify whether the decision is reviewable, who holds the review right and the deadline that applies. If your deadline may be close, contact Simon immediately rather than waiting to collect every document.
Do I definitely have a right to ART review?
Not always. The ART can review some migration decisions, but not every refusal or cancellation is reviewable. Depending on the particular decision, the person entitled to apply may be the visa applicant, a sponsor, a nominator or another eligible person. Your decision notification should state whether review is available, who may apply and the applicable time limit. The assessment checks those matters against the decision you received.
What if you conclude I should not proceed to review?
That is a legitimate and complete outcome of the assessment. You will receive a written explanation of why review would not succeed and what, if anything, can be done instead. Being told honestly not to proceed can save a significant amount of money and time, and it is one of the reasons the assessment exists.
Does buying the assessment mean you are handling my ART review?
No. The assessment is advice about whether and how to respond to the decision. It does not include lodging an ART review application. If you decide to proceed and want Simon to act, that is a separate engagement under its own agreement. Until that agreement is signed, responsibility for meeting your deadline remains with you.
What documents do I need to provide?
At a minimum, the written decision record for your refusal or cancellation, and the key documents from the original application. The assessment covers the decision record together with up to 50 pages of the most relevant documents. If your matter involves a larger volume of material, any additional review is quoted separately.
What if my deadline is only a few days away?
The standard assessment is delivered within 5 business days, and an express assessment within 2 business days where your deadline requires it. If there are fewer than two business days between Simon receiving your documents and your deadline, a full written assessment may not be possible in time. In that situation a shorter paid consultation focused on your review rights, your deadline and the immediate step can be arranged instead. Contact Simon as early as possible so the right option can be chosen.
About Simon Mander
Simon Mander is a Registered Migration Agent (MARN 0318058) with more than 23 years of experience in Australian migration law. His practice focuses on visa refusals, cancellations and ART reviews, complex partner visas, skilled migration and employer sponsorship, and he practises from Adelaide and Darwin.
He prepares each Visa Refusal Strategy Assessment personally.
Request a Visa Refusal Strategy Assessment
Complete a short enquiry form, including the date your decision was notified, and Simon will confirm the right option for your matter. If your deadline is close, do this now rather than waiting to gather every document.
This information is general in nature and does not constitute migration advice for your individual circumstances. Australian migration law and policy can change, and eligibility should be assessed based on the circumstances existing at the time of application.