WHY MY VISA IS CANCELLED OR REFUSED?

There is a possibility that your visa application is refused or your visa is cancelled however there might be one or more factors it may be refused or cancelled and not limited to:

• If you do not meet the criteria for the grant of the visa
• If you have not provided required or sufficient evidence to meet the visa
• If you have not met the conditions of a previous visa
• If you did not provide enough information to prove the claims you made in your application
• If you gave the wrong information, or made a false claim in your application
• If you have failed health or character test or any other PIC (Public Interest Criteria)
• If the case officer has identified and refused your visa for any other matter
• If you have breached the visa condition
• If you no longer meet the requirements of the grant of the visa
• If you have committed serious crime and no longer meet health or character test or any other PIC (Public Interest Criteria)
• If you have been identified to be involved in any matter against the Australian security or are a threat to Australian community or public
• Of if you as determined by the Department of Home Affair or by Minister of Home Affairs as per the Migration legislation or related policies.

WHAT IF MY VISA APPLICATION IS REFUSED OR MY VISA IS CANCELLED?

If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT).

Not all decisions are reviewable by the AAT. For example, if the Minister for Immigration and Border Protection personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot apply to have a decision reviewed by the AAT.

ADMINISTRATIVE APPEALS TRIBUNAL

If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal.

From 1 July 2015, the Administrative Appeals Tribunal (AAT) will be the only merits review tribunal that can make a decision after which you can then ask the Minister to consider your case.

The AAT is an independent organisation that reviews government decisions. Within the AAT, specialist offices review specific types government decisions.

Departmental decisions are usually reviewed within the AAT’s:

• General Division, which reviews decisions relating to:
  • character matters (including under Articles 1F, 32 or 33 of the Refugees Convention and section 501 of the Migration Act 1958)
  • citizenship matters; or
  • Office of the Migration Agents Registration Authority (OMARA) matters.
• 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.

If you are affected by a decision that is AAT-reviewable in the General Division or in the Migration and Refugee Division, and you intend to seek review of the decision, you must lodge your application within the legislatively prescribed time period outlined in your decision notification letter. The AAT does not have discretion to extend the time for making a valid review application.

Not all decisions are reviewable by the AAT. For example,

you cannot apply to have a decision reviewed by the AAT if the Minister for Immigration and Border Protection personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958.

Note: Before 1 July 2015, a decision from a merits review tribunal included decisions from the AAT, the Migration Review Tribunal (MRT) or the Refugee Review Tribunal (RRT). For more information on why these changes took place, see “Merits Review Tribunals – 1 July 2015 changes

WHAT CAN MIGRATION LAW EXPERTS/ EVICON AUSTRALIA CAN DO IF MY VISA APPLICATION IS REFUSED OR MY VISA IS CANCELLED?

Migration Law Experts can apply at AAT (Administrative Appeal Tribunal) on behalf of client, and can help with the review process, provide submissions, evidence and help understanding if the merit review would be helpful for the visa applicant/ holder.

Please contact us to discuss a case with us and get our assistance in a related matter.