Visa Refusal or Cancellation Reviews

Other Services & Solutions

We offer other visa-related assistance for various situations, such as:

 

VISA REFUSALS

Has your Australian visa application recently been refused? Worry not, our team can assist with managing the setback!

There are many reasons for visa application refusals and the following is a non-exhaustive list of common reasons:

  • Supporting document(s) or information that are MANDATORY before visa application can be submitted was/were omitted;
  • Confusing, misleading or insufficient supporting document(s) or information presented to support claim(s) made in the visa application due to honest mistake;
  • Visa applicant breached the visa conditions attached to previously granted Australian visa(s);
  • Not meeting the eligibility criteria for the grant of visa;
  • Not meeting the health and/or character requirement(s).

Depending on the exact nature for visa refusal, costs involved and various circumstances, in certain cases, making a new visa application could be the best option. In certain cases, applying for merits review to the Administrative Appeals Tribunal (AAT) is the only best option.

Not all visa applicants or refusal decisions are eligible for a merits review to the AAT. “Notification of Refusal” in relation to a visa application will usually state whether review rights are available and the deadline to lodge an application for merits review.

Below is an example from the excerpt of the visa “Notification of Refusal” with review rights:

Review Rights
The decision can be reviewed.

The Department cannot consider your visa application any further. However, if you have a parent, spouse or de facto partner, child, brother or sister who is an Australian citizen or Australian permanent resident, that person is entitled to apply for a merits review of this decision to the Administrative Appeals Tribunal (AAT). An application for merits review of this decision must be given to the AAT within 70 calendar days after the day on which you are taken to have received this letter.

This review period is prescribed in law and an application for merits review may not be accepted after that date.

Lodging an application for merits review
Applications for review can be lodged online, in person, faxed or posted to any registry of the Administrative Appeals Tribunal (AAT).

Given there are statutory time limits for lodging an AAT review, it’s recommended to seek professional advice without delays due to possible complications and time needed for application lodgement.

 

VISA CANCELLATIONS

Has your Australian visa recently been cancelled or have you recently received a “Notice of Intention” to consider visa cancellation from the Department of Home Affairs. Do not panic, our team can assist with managing the process!

There are many reasons that could trigger visa cancellation and the following is a non-exhaustive list of common reasons:

  • Bogus document(s) or false information provided in visa application(s) that has been finalized;
  • Visa holder breached the visa conditions attached to the visa;
  • Paying for visa sponsorship;
  • Changes in personal circumstaces that invalidate the visa;</li
  • Health and character concerns.

If your visa has been cancelled, merits review to the Administrative Appeals Tribunal (AAT) might be able to remediate the cancellation, depending on the nature of cancellation. However, not all visa cancellations are reviewable. “Notification of Visa Cancellation” in relation to a visa application will usually state whether review rights are available and the time limit to lodge an application for merits review.

If you have received a “Notice of Intention” to consider visa cancellation with an opportunity to comment, our team can help you with managing and organising the submission.

 

Our team at Ausdirect Migration can assist you in managing the visa refusal and visa cancellation circumstances. Please give our office a call to discuss best action plan.

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