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Visa Problems

Has your application been refused? We can assist with your AAT review.

What if my visa application is refused or my visa is cancelled?

What could be more devastating than receiving a visa refusal? After all, you made plans and invested time and money to be with your parent or a family member. Perhaps you have been working hard to achieve the perfect English test score.

Once the Department of Home Affairs (DOHA) has cancelled your visa or refused your application for a visa, you will be given notice about the visa refusal or cancellation in writing, including whether the decision can be reviewed.

Although the same paperwork supported the applications, the outcome was completely different: both applications were approved quickly and without question.

When applying for an Australian visa, it is up to the applicant to present the strongest case with relevant evidence to support their application. Case officers do not revisit their decisions.

There are three options for a review or an appeal after a visa refusal or cancellation

The options available after your visa is refused or cancelled are:

  1. A merits review through the Administrative Appeals Tribunal
  2. A judicial review through the Federal Court
  3. Intervention by the Minister for Immigration

There are strict time limits on your right to review or apply for an appeal. If you do not act in time, you will lose your right to review.

Merits Review – Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal is not part of the Department of Home Affairs. It is an independent body that can review the department’s decision to refuse or cancel a visa.

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Judicial Review – Federal Court of Australia

Decisions from the Department of Home Affairs and the AAT about visa refusals or cancellations are administrative decisions, which means the decision makers must follow the law and certain legal process during the decision process.

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Ministerial Intervention

In limited circumstances, it is possible to seek ministerial intervention after receiving an unfavourable decision from the tribunal. Under the Migration Act 1958, the Minister for Immigration has the power to intervene and grant a visa on public interest grounds.

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Common Visa Problems

There are a few common problems that can lead to a visa cancellation or refusal. When this happens, you may find you are prohibited from applying for future visas for a set period. The most common visa refusal and cancellation issues include:

What to do if your visa is refused or cancelled?

If your visa is refused or cancelled, make sure you respond quickly by getting the assistance of a registered migration agent.

Would you like to know more about your prospects for a visa?

Eligibility is the most important step in determining whether a person may meet the legal criteria for a visa application and one consultation could save you money.

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