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.