Australian Visa Refusals, Cancellations and Appeals

When applying for the Australian Citizenship, it is important to know about visa refusals. Your visa will be refused if you provide wrong or inadequate information about yourself, lack proficiency in the English language, violate the visa conditions, among others. Should this happen, you can file a visa rejection appeal. And when you do, your case will be reviewed by the Administrative Appeals Tribunal (AAT) which conducts independent merits assessment of the administrative decisions that are made under the Commonwealth laws. The said agency thoroughly reviews such decisions which the ministers of the Australian governments, as well as the agencies and departments are making.

Why your Australian visa can get refused or cancelled?

There are number of reasons that lead to your Australian visa refusal such as inadequate or false information, inability to fulfill health and character requirements, insufficient financial proof, lack of English language proficiency, breach of visa conditions, job termination in case of employer sponsored visa, end of relationship in case of partner visa are some of them. Department of Home Affairs Australia can cancel or refuse your visa at any given point of time when they find the information suspicious or misleading which is provided by you while visa application.

What you can do if visa refused or cancelled?

Do not get upset if had to face visa refusal or cancellation as this is not the end for your application. Migration Law of Australia has different ways to present your case and get review done if you are not happy with the decision. However, you should act quickly if you aim to apply for a review of a particular decision. This is for the reason that there is a time restriction as to when there should be a lodging of the application to make it reviewable by the AAT. Below are the steps to follow in such situation:

Administrative Appeals Tribunal

Get your case be reviewed by Administrative Appeals Tribunal (AAT) that plays a vital role in the Australian government which is to conduct independent merits review of administrative decisions made under Commonwealth laws. It reviews decisions which the Australian Government ministers, the departments and agencies make, and, in limited conditions, the decisions which the state government and non-government bodies decisions make. It is highly recommended to get assistance of best Visa Refusal Lawyers with such a case.

Intervention to Comment

Other than AAT, Invitation to comment is other way to get the decision be reviewed. This happens when another person provides the department data and information that can result in being you visa denied, he will then be given by the department the opportunity or invitation to comment on the given information. The comment is needed to be done on a specific date.

If an individual is requested to attend or go through an interview he must take his passport as well as all outstanding documents with him. His application will be thoroughly evaluated during the interview, and where possible, the decision will already be made.

Generally, it works like this, first, Department of Home Affairs receives any adverse information about a visa applicant. Then the department investigates the authenticity of the information received. And if the adverse information happens to be true, the department issues a Notice of Intention to Consider Cancellation

Ministerial Intervention

The Minister has the influence and control under the Migration Act 1958 to intervene in the case of a person when the Minister thinks and believes it is of the best interest of the public to do so.  Additionally, it is also the Minister who decides what is in the public interest and what is not. When there is intervention made by the minister to make a decision that is more favorable, this typically means that the Minister is granting a visa. Nevertheless, only a few of all the requests for ministerial intervention succeed.

 

For more information, please make an enquiry with one of our qualified and experienced Migration Consultant or call us (08) 7123 3466

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How we can help you with visa process?

In order to get the decision be reversed and be in your favor we guide you on the best course of action. To find out the Australian Visa Refusal Reasons our team of best Visa Cancellation lawyers assess your scenario carefully, discuss the possible outcomes with you and prepare document submissions with our wide experience post analyzing your case thoroughly. We collect adequate evidence and documents to support your appeal and prepare you for the review. Our skilled agents have dealt successfully with several refusal and cancellation issues and have helped clients overcome this situation.

 

If you are planning for an appeal against the original decision, contact us for professional guidance with your case.

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