Immigration Blog, Visa Refusals

The Visa Cancellation Appeal Process

Depending on the grounds of cancellation, you may have a chance of getting the decision overturned at the Administration Appeals Tribunal (AAT). Some common cancellation reasons can be successfully argued at the AAT, especially with new supporting documents and evidence.
 
 
The main reasons for a visa cancellation are follows:
  • You were non-compliant with your visa conditions
    • Eg. If you were on a Student Visa and you didn’t attend your classes
    • Eg. If you were on a Working Visa and didn’t work for your employer
  • You did not meet the Australian visa character requirements
    • Eg. You were charged and found guilty for a crime whilst holding a visa
  • You provided false information or documents on your visa application
    • Eg. You provided fake/doctored documents in your application such as an IELTS test
    • Eg. You provided false information regarding your work experience
 
You will usually receive a Notice of Intention to Consider Cancellation (NOICC) of your visa before cancellation. The Department of Home Affairs (DHA) will usually give you the opportunity to comment on the information.
 
 
The good news is that, in some cases, your cancelled visa can be reinstated. Generally this happens in one of two ways:
 
  • You successfully appealed the visa cancellation decision to the AAT or FCC
  • You successfully applied for revocation (if your visa was cancelled under the mandatory cancellation provisions)
 
Depending on the type of visa cancellation, the letter rom the DHA will state the following:
 
  • If you have the right to appeal the cancellation (You cannot appeal a decision if it was made by the Minister personally)
  • The timeframe available to lodge an appeal
  • The relevant appeal body your appeal should be directed to
 
Once you appeal, you must keep in mind that it may take 2 or more years until you are invited to attend a hearing. The latest average processing times with the AAT can be found here.
 
Applicants normally require legal assistance with lodging a review and/or appearing before the AAT. If you wish to book and appointment with one of our Immigration Lawyers, please call Gold Migration Lawyers on 1300 320 300 today.
 
 
Relevant Links
  • For the most Common Reasons on why Visas are Cancelled, please click here.