Options after visa is refused or cancelled?
We have extensive experience in acting for our clients who are facing visa refusal and cancellations to the Administrative Appeals Tribunal as well as taking cases further to the Federal Circuit Court or Federal Court. We also assist to contest or review visa cancellations, including s 501 character cancellations, S 109 and S 116.
If you have recently been refused an Australian visa, and disagree with the decision, there are some steps you can take. Information below may help you to generally better understand your options.
The Federal Circuit Court of Australia (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration and Border Protection (the Minister), the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA).
The people responsible for making decisions under the Migration Act include the Minister and the Members of the AAT and IAA (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa.
A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for many temporary and permanent visas while they are in Australia. ‘No Further Stay’ conditions include 8503, 8534 and 8535.
Please be advised that on 01 July 2014, DIBP has changed its policy in relation to Schedule 3 – Criteria 3004, which may affect your application for a Subclass 820/801 visa if you made/make your application when your substantive has ceased or you were/are the holder of a bridging visa or you were/are an unlawful citizen or the last substantive visa you held contained the Condition 8503 ‘No Further Stay’, at the time of the application.
Not all decisions are reviewable by the AAT. For example,
you cannot apply to have a decision reviewed by the AAT if the Minister for Immigration and Border Protection personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958.
PIC 4020 enables refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application, or if the Minister is not satisfied of an applicant’s identity.
If PIC 4020 is part of the criteria for the particular visa you have applied for you must satisfy PIC 4020 in order to be granted your visa.
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT).
A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years.