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The latest on Australian Visas and immigration

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Ministerial intervention – What are they?

A Ministerial intervention in migration matters is often misunderstood. What is Ministerial intervention and how does it work? Ministerial intervention is governed by sections 351, 417 and 501J of the Migration Act 1958 (Act) The Minister has powers under the Act to replace a decision of a merits review tribunal…

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What do I do if my appeal in relation to my visa is refused?

Under the Migration Act 1958 (Act) the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister), Members of the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA) are the decision makers who will decide a visa application and will review the merits of your application to…

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Visa Cancelled or Refused – What do I do?

When your visa is cancelled or refused you often have limited time to decide how to move forward so it is important to get the right advice early. From 1 July 2015, the Administrative Appeals Tribunal (AAT) has been the only merits review tribunal that can make a decision after…

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Brisbane man Ali Choudhry facing deportation – A serious reminder to all visa applicants

ABC News has recently posted an article regarding Ali Choudhry, a gay man living in Brisbane who is now facing deportation. Mr Choudhry has been living in Brisbane for four years with his partner, Matthew Hynd. The pair lodged a de facto partner visa with the Australian Department of Immigration…

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Why should you use a Registered Migration Agent?

A common question asked by prospective clients when they are considering lodging a visa application is “why should I use a registered migration agent?” It is not a requirement that you use a registered migration agent when lodging your visa application, however, you will find they can offer a variety…

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Have you had your visa application refused or visa cancelled?

If you’re in Australia and you’ve had your visa application refused or your visa cancelled, you will face limits on what visas you can apply for while you are still in Australia. Section 48 of the Migration Act 1958 (Cth) and the Migration Regulations restrict non-citizens who have had their…

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Have you received a Notice of Intention to Consider Refusal of your visa application on character grounds?

When you lodge a visa application, you will generally be providing information to the Department of Immigration and Citizenship (DIAC) about your character – including things like your criminal history. For permanent visa applications, this information is used to assess whether you meet the character test. You can read more…

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Applying to have your visa decision reviewed by the Australian Migration Review Tribunal (MRT)?

If you have had a visa application refused and wish to have your case reviewed by the Migration Review Tribunal (MRT) there are changes that you need to be aware of. Increase in Fees As of 1 July 2013 the fee payable when lodging an application with the MRT will…

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Had your visa cancelled or application refused? Considering making a request for Ministerial Intervention

What is Ministerial Intervention? Ministerial Intervention involves the Minister for Immigration and Citizenship personally considering your situation and making a decision based on public interest matters, rather than criteria specifically found under the Migration Act. The Minister has the power to substitute a more favourable decision relating to your visa…

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Refused Visa Application

What is this notice saying? If the Department of Immigration and Citizenship (DIAC) have decided to refuse your visa application, they will send you a ‘notification of refusal of application’. DIAC will also send you a ‘Decision Record’ outlining why your visa application has been refused. What does this mean…

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I’ve got a notice of intention to refuse my visa application, what can I do?

The Department of Immigration and Citizenship (DIAC) will send you a letter, known as a notice of intention to refuse, if they are considering refusing your visa application. This gives you the opportunity to show DIAC why your visa application should not be refused. The notice of intention to refuse…

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