VISA CANCELLATIONS & REFUSALS AUSTRALIA
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What types of visa cancellations and visa refusals can Stone Group Lawyers assist me with?
If your visa is refused or cancelled in Australia, you may have the option to appeal the decision depending on your circumstances at the time the decision to refuse or cancel is made.
It is important that you seek proper legal advice before responding to a visa refusal or cancellation notice, as these matters can involve complex legal processes and deadlines.
Our team of migration lawyers are well trained and experienced in handling visa refusal and visa cancellation matters, including the following complex visa compliance issues:
- Mandatory visa cancellations under section 501 of the Migration Act (visa holders who have committed an offence and been sentenced to 12 months or more imprisonment)
- Visa cancellations under section 109 of the Migration Act (visa holders who have failed to comply with certain requirements e.g. providing incorrect information, responses or bogus documents)
- Visa cancellations under section 116 of the Migration Act (visa holders who who meet specific circumstances e.g. non-compliance with visa conditions, identity issues, non-genuine students and more)
- Visa cancellations under section 128 of the Migration Act (provides grounds to cancel visas under section 116 while the visa holder is offshore)
- Visa cancellations under section 134B of the Migration Act (mandatory obligation to cancel all visas held by someone offshore who is a security risk)
- Visa cancellations under section 133A of the Migration Act (the Minister has personal powers to cancel a visa under section 109)
- Visa cancellations under section 133C of the Migration Act (the Minister has personal powers to cancel a visa under section 116)
- Notice of Intention to Consider Cancellation of your visa (this notice is issued when before your visa is cancelled under a non-mandatory visa cancellation power)
- All types of visa refusals
- Appealing your matter to the Administrative Appeals Tribunal
- Appealing your matter to the Federal Circuit Court.
We understand that visa refusals and cancellations can be daunting to experience as they have the power to impact your future in Australia. It is important that you receive the appropriate advice and guidance when dealing with visa cancellations and refusals to protect your future visa options in Australia.
Will my Australian visa be cancelled?
The Department of Home Affairs has mandatory and discretionary powers to cancel visas in Australia. The specific power used to cancel a visa and the options you will have to respond to a visa cancellation, will depend upon the circumstances leading to the cancellation of your visa.
Mandatory cancellations can be issued for people who pose a security risk to Australia and anyone who commits an offence and is sentenced to at least 12 months imprisonment.
Discretionary cancellations can be considered in a number of different circumstances, including but not limited to:
- If you have breached your visa conditions;
- If you have character issues or other relevant information you did not disclose in your visa applications to Australia;
- If your relationship has broken down and you hold a provisional partner visa;
- If you have provided false information or bogus documents with any visa application to Australia; and
- If you have provided incorrect answers in any visa application form or incoming passenger card to Australia.
Can my visa to Australia be refused?
Visa refusals can occur for a variety of reasons, however the most common reasons for a visa refusal in Australia are:
The Department of Home Affairs is not required to request further evidence from you before making a decision on your visa application to Australia. If you do not provide all required documentary evidence before a decision is made on your visa application, you are at risk of having your visa application refused
False or Misleading Evidence:
The information and evidence you supply or omit from your visa application to Australia will be subjected to investigation by the Department of Home Affairs. Case officers will conduct thorough integrity checks to determine if you have supplied false or misleading information or documentation, or failed to disclose information that should have been provided.
Poor Health or Criminal History:
Your visa may be refused based on a health or character concern, including concerns raised in respect to your secondary or dependent visa applicants.
Your visa may be refused if you have not provided documents in the format, and within the time periods, specified by the Department of Home Affairs. It is very important that you understand the requirements of the visa you are applying for before you lodge your visa application.
What do I do if my visa to Australia is refused?
My visa was refused while I was in Australia:
If you are in Australia when your visa application is refused, you may be entitled to appeal the decision to the Administrative Appeals Tribunal for review. You will need to ensure you lodge an application for review to the Administrative Appeals Tribunal within the time frame stated on the refusal decision record, this is generally 28 days after the decision is taken to be received.
You can find information on lodging an appeal to the Administrative Appeals Tribunal here: application for a review
My visa was refused while I was outside Australia:
If you are outside Australia when your visa is refused, you may be entitled to appeal the decision in very limited circumstances, however generally you will need to lodge a new visa application.
My appeal to the Administrative Appeals Tribunal was unsuccessful, what do I do now?
If the Administrative Appeals Tribunal ‘affirms’ the decision under review, this means that the Tribunal agrees with the original decision made by Department of Home Affairs and your appeal has been unsuccessful.
In this situation, you will either need to leave Australia or appeal to the Federal Circuit Court within 35 days of the date of the decision issued by the Administrative Appeals Tribunal or the Minister personally.
The role of the Federal Circuit Court in migration proceedings is to consider whether a legal mistake has been made by the decision-maker in interpreting and applying the law. This appeal process will not involve an assessment of the merits of your case and will require you to have sufficient grounds to establish that a mistake in law has occurred.
Will a visa refusal stay on my record in Australia?
A visa refusal will stay on your immigration record and can impact your eligibility and/or prospects for a future visa to Australia.
We strongly recommend that you seek legal advice if your visa has been refused to ensure you can take the steps necessary to appeal within the limited timeframe available and/or understand your options to remain in Australia.
We understand that visa refusals and cancellations can be daunting to experience as they have the
What happens if my visa is cancelled while I am waiting for the outcome of another visa application in Australia?
If your visa is cancelled in Australia while you have another visa application pending, the Bridging Visa you were automatically granted in association with your pending visa application, will likely be cancelled alongside your current visa.
Therefore, you are at risk of becoming unlawful in Australia and you may need to apply for a Bridging Visa E to stabilise your status.
Visa cancellations are extremely complex and often difficult to understand, we recommend that you organise a free consultation with us to discuss your situation if you believe your visa may be cancelled or if it has already been cancelled in Australia.