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 which time you have to ask the Minister to consider your case.
The AAT is an independent organisation that reviews government decisions.
Decisions by the Department of Immigration are usually reviewed within the AAT’s:
- The General Division, reviews decisions relating to:
- character matters (including section 501 refusals of the Migration Act 1958)
- citizenship matters; or
- Office of the Migration Agents Registration Authority (OMARA) matters.
- The Migration and Refugee Division (MRD), which reviews decisions relating to most migration and refugee visa refusals (including refusal of sponsorship or nomination) and visa cancellations.
- Immigration Assessment Authority, an independent office within the AAT’s MRD that reviews fast track reviewable decisions relating to certain Protection visa decisions.
The most common reasons a visa is cancelled or refused is due to failing Australia’s character test, health issues, incorrect information provided in the visa process or breaching the terms of a visa. When your visa is cancelled or refused you could be detained, deported or prohibited from applying for another visa.
Time is of the essence and you have to understand your options at an early stage to put in place a strategy to avoid ongoing problems including getting a bridging visa to keep you lawful whilst you challenge the decision.
Visa Cancelled or Refused – What should you do?
If you are unsure of what to do or how to respond for a visa cancelled or refused, our expert team of Registered Migration Agents and Immigration Lawyers can advise you in a prompt and professional manner. Please contact us today if you require any migration assistance or advice.