The Reality is that the Department of Home Affairs (DoHA) does not grant every visa application. Similarly, DoHA will proceed with visa cancellations where they believe it justified.
Not all visa refusals or cancellations are valid or sustainable and these decisions, with the right knowledge and expertise, may be reversed.
If you have received a visa refusal or notice of intent to consider cancellation (NOICC) of your visa, contact us immediately to discuss your options. Timing is critical in these situations.
The Administrative Appeals Tribunal (AAT) is an independent authority responsible for hearing visa appeals and reviewing visa cancellations.
The AAT cannot extend the time for making a valid review application so an application for review must be lodged within the time period identified in the decision notification letter.
In conducting a review of migrations decisions, the AAT will consider the case afresh and have the power to change the decision under review.
The Migration Act and the Migration Regulations specify the decisions that we can review, who may seek review of a decision, how an application for review must be made, the time limits within which applications for review must be lodged, and the application fee payable. The AAT has no power to make exceptions.
Time limits for AAT Appeal
The decision letter sent by DoHA should state the time limit that applies to making an application to the AAT. Time limits are otherwise specified by the Migration Act - please contact ANVS if you are not sure.
In most cases the Department of Immigration and Border Protection will issue a Notice of Intention to Consider Cancellation (NOICC) of your visa. This NOICC will give you a period of time to respond to provide evidence and submissions as to why your visa should not be cancelled. If you do not respond in the timeframe provided, the DIBP will proceed to cancel your visa.
If your visa is cancelled in Australia,
all bridging visas attaching to further applications are also cancelled.
you become unlawful
you will also lose work rights attaching to any visa or bridging visa cancelled
you become Section 48 Barred from lodging (most) further applications within Australia
If you leave Australia or are out of Australia, then you will face a 3 year ban from grant of further temporary visas to which PIC 4013 applies unless you can show compelling or compassionate reasons for grant of the visa within the 3 year ban period.
Visa Cancellation can be stressful and its effects far ranging. If you are facing this unfortunate situation, act immediately to consult with ANVS to assess your options to regularise your status in Australia