• Visa Cancellations, Appeals and Reviews

     

    Visa Application Refusals – Has your visa application been refused?

    If you have received a refusal from the Department, the decision record will state whether your application has rights for a review. If you do, it is very important you act fast as most rights for review are only valid for 21 days.

     

    The Department of Immigration can refuse visa’s for a number of reasons, such as based on their character, fraud, work experience claims, English language ability, genuineness of relationships, credibility of the information provided or breach of visa conditions.

     

    What are your next steps?

    This means, that if you wish to lodge an appeal of your decision, you will have to do so within 21 days. If you do not lodge your appeal within the statutory time limitations stated on your visa refusal, you will forfeit all review rights. ONE STEP AIMS Migration has successfully assisted various applicants have their refusals remitted to the Department for reconsideration, with the visa’s being granted.

     

    How can we help?

    ONE STEP AIMS Migration has successfully assisted many applicants, and business sponsors have their refusals remitted to the Department for reconsideration resulting in a favourable decision. ONE STEP AIMS Migration will fully review your matter providing frank advice on prospects of appeal (remember, the tribunal can only work within the law, so it is our role to prove how the Department has misinterpreted the law, or has made an unlawful decision), we will prepare all aspects of the appeal including written submissions to the tribunal, assist in the preparation and collection of evidence to be used, provide representation and advocate for our clients at the scheduled hearing.

     

    If you have any questions about these requirements, or would like to speak to one of our experts for more information on Australian visas get in touch with ONE STEP AIMS Migration today.

     

    Visa Cancellation or Notice of Intent to Cancel Visa (NOIC) – Have you received a Visa Cancellation or a Notice of Intent to Cancel Visa?

     

    Under the Migration Act 1994 the Department of Immigration and Border Protection has the power to cancel your visa for a number of reasons which include:

    • Providing the Department with false, misleading or bogus information/evidence
    • Not complying with the conditions imposed on your visa
    • Certain circumstantial changes that not longer permit you to hold a visa
    • A failure of the character test due to criminal activities

     

    If the Department is considering cancelling your visa, it is required by law to notify you of this intent to cancel in the form of a ‘Notice of Intent to Cancel Visa’ and must provide the visa holder with an opportunity to respond.

     

    What are your next steps?

    Strict time limits apply in relation to your opportunity to respond and it is highly recommended you seek professional assistance when responding to the Department. All information you provide to the Department, can, and will be used against you if required. In some cases, the Department can cancel your visa without providing notice if required.

     

    If your visa has been cancelled, you may have the opportunity to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT). Again, strict time limit’s apply so it is best to seek professional assistance as soon as possible.

     

    How can we help?

    We will thoroughly assess the reasons for the intended visa cancellation, or visa cancellation (if it has already been cancelled) and advise on what options you have moving forward. If the cancellation is being considered, we will represent you on your behalf to the Department to put forward a strong submission advocating why your visa should not be cancelled, and if it has already been cancelled, we can assist with your preparation and representation at the tribunal for a review of the cancellation.