Visa Cancellations, Appeals and Reviews

Visa Cancellations, Appeals and Reviews

Visa Cancellation or Notice of Intent to Cancel Visa (NOIC)

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.

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.

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.

Visa Application Refusals

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.

This means, that if you wish to lodge an appeal of your decision, you will have to do so within 21 days.

Ethos Migration has successfully assisted various applicants have their refusals overturned at the tribunal.

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 Ethos Migration today.

How we can help.

If you have had your visa cancelled, or you have received a Notice of Intent to Cancel Visa, Ethos Migration can work with you to structure a strong response to the Department to seek the cancellation be revoked, or in the case your visa is already cancelled, prepare for and represent you at the Administrative Appeals Tribunal for the decision to be overturned.
If you have lodged an Australian visa application and it has been refused you may have options to have the matter reviewed at the Administrative Appeals Tribunal (AAT). Ethos Migration can assist you to prepare a strong case in support of your matter and endeavour to have the refusal overturned.
The Migration Division of the Administrative Appeals Tribunal is responsible for reviewing all migration matters that are eligible to be reviewed. Ethos Migration can assist client’s have their matter’s reviewed at the tribunal with the intention to receive a more favourable decision.


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