Visa Cancellations

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 Home Affairs 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.

Ethos 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?

Ethos Migration Lawyers have successfully represented many applicants, and business sponsors have their refusals remitted to the Department for reconsideration resulting in a favourable decision.

Part 5 of the Migration Act set’s out which decisions by the Department can be reviewed/appealed. If you have received a visa refusals or cancellation that you think may be eligible for review please contact us.

Ethos Migration Lawyers 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 demonstrate 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 Ethos Migration Lawyers 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.

Visa Cancellations, Appeals and Reviews

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. 

Schedule a Consultation with Ethos Migration Lawyers for Expert Immigration Advice and Assistance

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 legal representation 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.

Please contact us immediately for further assistance with a visa cancellation.

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