Visa refusal/ cancellation appeal process

The Department of Home Affairs (DOHA) can cancel your visa if they believe you have breached the conditions of your visa or cancellation grounds under relevant provisions of the Australian migration legislation exist.

While the reasons for visa refusal can vary, some common reasons include incorrect or missing information on the application, failing to meet the requirements for the type of visa applied for, or having criminal record.

Anyone who has had their visa cancelled or refused knows how stressful and confusing the process can be. There are a lot of different steps involved, and it can be hard to know where to start, but it is important to remember that you have a right to challenge the decision if you believe it is wrong. However, the appeal process can be complicated and time-consuming.

You can appeal the cancellation or refusal decision through the Administrative Appeals Tribunal (AAT). The AAT will review the Department’s decision and may decide to affirm the previous decision, set aside the cancellation or refusal decision and substitute a more appropriate decision, or remit the matter back to the DEpartment for reconsideration with directions.

If the cancellation is affirmed, the applicant may appeal to the Court for a judicial review. The court will then consider the matter on the issue of law (in most cases the Court does not give a regard to the factual merits of the case) and either upholds the original decision or overturns it. The entire process can take several months.

You may be eligible for a bridging visa which would allow you to stay in Australia while your case is being appealed at the AAT or the Court. If you are successful in your appeal, you may be able to have your visa granted or in the case of cancellation, your visa will be reinstated.

The visa cancellation appeal process can be complex and it is important to get expert legal advice before lodging an appeal.

Contact us for more information!