In the instance that your visa is refused or cancelled there may very well be an opportunity to have the decision reviewed.
It is extremely important to remember that you only have a limited time frame to make an appeal. In general, you must appeal the decision within 21 days. Your cancellation notice will specify how many days you have to appeal.
THE ADMINISTRATIVE APPEALS TRIBUNAL – VISA CANCELLATION
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws.
Decisions are made by a Tribunal Member who will review the Department’s decision and the facts of your situation.
The AAT reviews a decision “on the merits”. This means that the Tribunal takes a fresh look at the facts, law and policy relating to the decision and arrive at their own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
A typical process of the AAT Review
- Application: lodge the AAT review application;
- Submission: provide supporting evidence and legal submission;
- Allocation: Case allocation to a Member of the AAT, there may be a request for further information;
- Invitation & Attendance: invite you to attend a hearing whether in person or by telephone or by video, to give oral evidence and present argument
- Further Submission: Post-hearing submission before a decision if required;
- Decision: Decision will be received by the AAT containing the outcome and a statement of decision
Tips for a Visa Cancellation Process
- If you are considering applying for Merits Review, you should speak to a legal professional.
- Should your visa cancellation be affirmed by the AAT, you can either seek Judicial Review or request Ministerial Intervention
- Merits Review is where you matter is heard ‘on the facts’ and may involve you giving evidence at a hearing.
- Don’t leave it too late to take action, get yourselves some legal advice so you know your options. Listening to family and friends is supportive, but not always correct.
- Don’t ignore any notice from DHA (Department of Home Affairs).
- Check who is actually effected by the cancellation or refusal – It may differ depending on whether the applicant is the primary or a secondary applicant.
HOW WE CAN HELP YOU WITH A VISA CANCELLATION
The agents at Summit Migration are experts in this area, specifically specialising in visa refusals and cancellations.
- We specialise in visa refusal cases and have in-depth knowledge of the AAT systems and processes
- Years of experience presenting visa cases for favourable reconsideration
- We lodge urgent appeals fast and take the stress out of the process for you
- We take each case personally as we know how important these cases are to your life
- Our single goal is to get you that YES
A refusal is something that everyone dreads receiving, but if you act quickly and choose the right representative, it does not have to mean the end.
This page provides a summary of the cancellation regime as at May 2019. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a cancelation review and consult with one of our solicitors and Registered Migration Agents.