VISA CANCELLED OR REFUSED?

Some common reasons for Cancelling a Visa are;

  • You did not meet the conditions of a previous visa or
  • The Department of Immigration has stated you gave the wrong information, or you made a false claim in your application or
  • You got a conviction in Australia (this could be a fine, probation or incarceration or a period of periodic detention such as in drug rehabilitation or confinement in a mental health facility and sentences received for juvenile offences can also be included).

If there is an intention by the Department of Immigration to cancel your visa, they will send you a ‘Notice of Intention to consider cancellation’ (NOICC). When you receive this notice, you must reply to it within a ‘Prescribed Period’ (usually 14 or 28 days) and this is your chance to address the issue at hand (our website contains further important information HERE). If your visa is cancelled you will be eligible to appeal its cancellation to the Administrative Appeals Tribunal (AAT) but remember, your cancellation period is prescribed so your cancellation application must be made within that time.

Some common reasons for Refusing a Visa are;

  • You did not provide enough information for the claims you made in your application.
  • You failed your medical or a medical issue was uncovered.
  • You failed Australia’s character requirements.
  • For student visas, you failed to provide reasons for choosing your preferred course and/or you did not sufficiently show that you are able to support yourself financially.
  • For employer sponsored visas, there could be numerous reasons for a refusal such as;
    a) when the business sponsoring you is not viable or
    b) there is no genuine need of the business to sponsor you or
    c) the salary you will receive does not meet Australias market salary rates (and there are many more).

If there is an intention by the Department of Immigration to refuse your visa, they will send you a ‘Natural Justice Letter’. When you receive this notice you must reply to it within a ‘Prescribed Period’ (usually 28 days)

This is an important period and one which must be replied to within the ‘Prescribed Period’. There are many aspects to addressing issues such as ‘Compelling and Compassionate’ reasons, Ministerial Interventions, Health waiver etc.

ASC Migration are experts in doing so and we are here to assist at all times so drop a line to john@ascmigrationvisas.com.au and we’ll be glad to assist you.