Visa Cancelled – Refused
Appeals – Waivers – Character Issues
Is your matter Complicated? Do you have a Strict Time Limit?
The Department of Home Affairs has provisions to cancel visas in circumstances. For example, if a visa condition is breached, if an applicant has had, or currently has, a ‘Character Issue’, if an applicant provides a false or bogus document or for other numerous and various reasons.
In certain circumstances, when a visa is cancelled or refused, that decision can be appealed to the Administrative Appeals Tribunal (AAT) but this must be done within a strict timeframe.
The refusal notice will indicate whether a decision is reviewable and the timeframe in which the appeal needs to be made. If a valid appeal is made, the refusal decision will be considered based on the merits of the application and/or an applicant’s immigration status.
The AAT can substitute a new decision, vary the decision, remit the matter back to the Department of Home Affairs again or affirm the decision. The AAT also has the power to hand down a decision based on submission and the paperwork provided.
If you have had a visa refused, in certain circumstances, you may seek to have a review of the decision at the Administrative Appeals Tribunal (AAT) within the time limit for that appeal.
A quote from the AAT regarding a previous client we represented.
“Mr Kavanagh had helpfully submitted a detailed bundle of all relevant documents that included submissions and witness statements (the ‘Hearing Book’). Given the favourable material now before the Tribunal, a hearing is not required”.
It is critical to make review applications within the prescribed timeframe given as outlined in the communication a refused applicant receives from the Department of Home Affairs.
To be assessed as to the legality of a cancellation and any possible options for an appeal, or a review of the decision, please call us as soon as you receive that decision.
If you are in Australia and you have been issued a Notice of Intention to Cancel (NOICC) by the Department of Home Affairs there may be options available to you to prevent that cancellation from taking place, but each situation will need to be assessed on its merits.
Once again though, meeting the timeframe given, as outlined in the correspondence received from the Department of Home Affairs is critical, so once again, ensure you contact us immediately on receipt of that notification.
ASC Migration agents are highly skilled and experienced. Our principal migration agent has been successfully representing clients since 2003. Your matter will benefit from that experience.
Please click HERE to be redirected to our “Specialist Visa Services and Expert Eligibility Options” page to order this service.
The clock is ticking!