Australian Visa Refusals & Visa Cancellations
What do you do if you receive a Notice of Intended Cancellation?
Time is usually of the essence in such a situation. You should act to get expert, reliable advice as to what you can do in your particular circumstances.
If you have received a Notice of Intended Cancellation of a visa, this means that the Department is considering whether to cancel your existing visa, and is inviting submissions as to why they should not take that course of action.
We will advise on your prospects and maximise your chances of successfully submitting that your visa should not be cancelled.
Visa Cancellations and Refusals - Right of Review
You will need to quickly decide whether you can apply for review or appeal a decision. The Department of Immigration & Border Protection will advise you of your review/appeal rights when notifying you of an adverse decision.
Usually there is a limited period of time so it is essential that you seek advice as soon as possible, if you need assistance in making a decision.
The key issues to consider are:
it is a decision I can apply for review or appeal?
on what grounds can I apply?
what is the procedure for applying for review or appeal? What are the time limits involved, and the likely costs?
what body can I appeal to? If there are different options what are the merits of each?
do I have prospects of successfully overturning the initial decision?
what will be my visa status while applying for review?
Not all decisions are ‘reviewable decisions’, but the department’s decision-maker will advise you in writing if the decision is reviewable, and what steps you can take if you want to ask for a review.
Most visa decisions with a right of review are reviewable by the Migration Review Tribunal (MRT)
Decisions about deportation and citizenship are reviewable by the Administrative Appeals Tribunal (AAT)
Decisions on onshore protection visa applications are reviewable by the Refugee Review Tribunal (RRT)
Business-related sponsorships and nominations for temporary business entry visas, and employer nominations for permanent entry, are reviewable by the Migration Review Tribunal (MRT).
Visitor visa applicants intending to visit Australian citizen/resident relatives may have a review right – again a decision-maker will advise of what review rights are available.
Cancellation of Refugee Visas (subclass 200)
Cancellation of subclass 200 (refugee) visas, where the holder is in Australia at the time of cancellation, may also be reviewable by the MRT.
Offshore humanitarian applicants and Onshore Protection Visas
Offshore humanitarian applicants do not have a review right, but applicants for onshore protection visas (using form 866) do have a right of review by the RRT.
In general terms the MRT, RRT or AAT conduct ‘merits review’ of the decision of the Department. That is it looks afresh at the decision and can take into account information previously given to the Department but also any new evidence or information the review applicant can put forward.
Generally speaking the tribunals are not bound like the courts of law with rules of evidence but are supposed to be ‘fair, just, economical, informal and quick’.
There is also usually an ability to appeal the lawfulness of the Department’s decision making in the courts, however the grounds of review may be more limited and this is usually a much more expensive option.
As experienced immigration lawyers, these sorts of complex matters are our speciality. Perth Migration Agent can advise clients on potential review or appeal options and assist in the preparation of such cases if there are reasonable prospects of success, whilst keeping costs to a minimum.