Visa Cancelled – Refused
Appeals – Waivers – Character Issues
The Department of Immigration has provision to cancel visas in circumstance (not limited to) for example if a visa condition is breached, if an applicant has a ‘character issue’, if an applicant provides a false or bogus document and for other numerous and/or various reasons.
In certain circumstances, a visa that is cancelled or refused 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 AAT will reconsider the application based on the merits of the application.
The AAT can substitute a new decision, vary the decision, remit the matter back to the Department of Immigration again or affirm the decision of the case officer. The AAT also has the power to hand down a decision based on submission and 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).
It is critical to make review applications within the prescribed timeframe given as outlined in the communication received from the Department of Immigration.
For an assessment as to the legality of that 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 Immigration 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 Immigration 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.
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