You have just finished your celebration after receiving your visa. However, within just a matter of days, you receive a notification that your visa has been cancelled.
What exactly can you do when your visa is refused or cancelled? Is it time to give up on your dream of going to Australia?
Before outlining the steps that you need to undertake, it is worthwhile to understand the reasons behind visa cancellations and visa refusals.
A visa may be cancelled by the Department of Immigration due to different reasons. These include:
- Providing false information on the entry card or visa application
- Failure to comply with the conditions of the visa
- The requirements that allowed you to get a visa no longer exist
- You failed in the character test
If you receive notice that your visa is going to be cancelled, it is imperative that you take this matter seriously and act quickly. Otherwise, there is a possibility that you will become an unlawful non-citizen and you may face detention. There is also the possibility that you will be forced to leave the country and you may not be allowed to enter Australia for a specified period of time, or indefinitely.
Visa applications may be refused due to legal or factual issues, failure to forward relevant evidence properly, or simply because the authorities do not believe the applicant.
If your application has been cancelled or refused, you need to contact an immigration lawyer who is well-versed in review cases. This is a time-sensitive matter and failure to respond can mean the forfeiture of your opportunity to make submissions.
Whether your application has been refused or your visa has been cancelled, you can have that decision reviewed by the Administrative Appeals Tribunal (AAT). Since July 2015, the AAT is the sole merits review tribunal that has been tasked to evaluate requests to overturn a refusal or cancellation of visa. After that, you can make an appeal with the Minister for the consideration of your case.
Within the AAT, there are specialist departments that review different types of government decisions. The General Division, for example, reviews decisions regarding citizenship matters, Office of the Migration Agents Registration Authority (OMARA) matters, and character matters. The Migration and Refugee Division (MRD), on the other hand, is tasked with reviewing decisions related to migration and refugee visa refusals and cancellations.
However, you should take note that some decisions cannot be reviewed by the AAT, including decisions personally decided by the Minister for Immigration and Border Protection. If your case can be reviewed by the AAT, you will need to lodge an application within the specified time frame.
The appeals process begins with a tribunal stage. If your appeal fails at this stage, it is possible to make further appeals to the Federal Courts. However, this is not possible in some cases and you will need to show proof that there are sufficient errors in the tribunal decision. If your appeal fails at this stage, you can request for the Minister for Immigration and Citizenship to overturn the Court’s decision. However, if the guidelines of the Minister have been met, the Court’s decision will not be overturned.
Need help with your Australian visas? if your visa gets cancelled or refused, don’t try to deal this on your own, it’s best to book a consultation with one of our registered migration agents or call us +61-2-9188 9616. www.migrationworld.com.au.
Seek for professional help will get you achieve better outcome and find the best solutions to obtain your Australian visa sooner.