Visa refusals and visa cancellation reviews

Migration Lawyer Adelaide

An application for a visa may be refused or a visa cancelled under various circumstances pursuant to the Migration Act 1958. This can either occur with or without notice depending on the circumstances.

Under section 501 a person may be able to apply to the Administrative Appeals Tribunal (AAT) for review of the merits of the decision, or they may able to challenge the legality of the decision through the courts.

If a Notice of Refusal of Application or Notice of Cancellation is provided, the Minister for Home Affairs (the Minister) or their representative will generally provide the applicant with a notice of intention to consider refusal and cancellation and invite the applicant to provide written submissions to the Minister or their representative within the prescribed statutory time-period.

It is important that the person provides a detailed and comprehensive response before the time-period lapses – within 9 days after the day on which you received a copy of the decision, and before a decision is reached. Failing to do so could have severe and negative consequences for the person.

In some cases, a visa can be cancelled automatically and without notice. This occurs only in very limited and prescribed circumstances. The person may have the right to request the decision maker to revoke the visa cancellation. Once again time-periods for a response are very short.

Common grounds for visa refusal or visa cancellation include circumstances where a person:

  • Has a criminal conviction;
  • Provides incorrect, fraudulent or otherwise bogus information;
  • Breaches conditions;
  • Puts at risk the health, safety or good order of the Australian community or an individual; and
  • Breaches visa holder requirements of a business, student or employer visa.

Nevertheless, a person may have a right to appeal the decision and have their matter reviewed under merits review or judicial review.

If you have received a notice of refusal or cancellation from the Department of Home Affairs, we recommend that you seek legal advice immediately and without delay.

Failing to respond to a notice of refusal or cancellation may not only hinder a person’s prospects of disputing the decision, but it may also cause significant adverse consequences including:

  • Causing the applicant to remain in Australia unlawfully;
  • Mandatory detention;
  • Removal from Australia; and
  • The Minister imposing conditions on the applicant.

Appealing the Decision

If the Minister or their representative has reached a decision and has provided a person with a notice of refusal or cancellation, it may be possible to appeal the decision.

The relevant jurisdiction will depend on your individual circumstance and the issues in dispute.

Scammell & Co. can protect your interests and assist you through an appeals process be it:

  • A merits review to the Administrative Appeals Tribunal; and if it comes to it
  • A judicial review through the Federal Circuit Court of Australia or the Federal Court of Australia.

    Application to revoke cancellation of visa/citizenship on character grounds

    In the event the Federal Government assess you to be of bad character, especially in the event you are convicted of a criminal offence, they may choose to cancel your visa. In fact, in the event you receive a term of imprisonment of at least 6 years or more, they may cancel your Australian citizenship if you have any.

    In the event either of the above happens to you, you will be taken into a detention centre and unless you take legal action as soon as possible you will be deported back to the country where you were born. We recommend that you act quickly by instructing Scammell & Co to bring an application to revoke the cancellation of your visa/citizenship and instruct us to take steps to apply to have you released from detention pending the outcome of this application.

    Please note: Scammell & Co can NOT assist with visa applications including:

    • Partner visas;
    • Business visas;
    • Family visas;
    • Skilled visas;
    • Student visas; or
    • Work visas.

    For advice and assistance with visa refusal or visa cancellation matters please contact Ms Ursula Matson, licenced migration agent and lawyer on (08) 8447 4466.

    Our professional and experienced Migration Law team is ready to assist you…

    Ursula Matson

    FAQs Click on the questions below to reveal the answer.

    Can Scammell & Co. assist with visa applications?

    Unfortunately Scammell & Co. can NOT assist with visa applications at this time. Scammell & Co. can only assist in circumstances where a visa has been refused or cancelled. 

    Can Scammell & Co. assist with reviews on the basis of visa refusal or visa cancellations?

    Yes. Scammell & Co. can assist applicants in circumstances where an application for a visa has been refused or cancelled. If an applicant has received a Notice of Refusal of Application or Notice of Cancellation from the Minister for Home Affairs or their representative, there is only a short time-frame to respond. Contact our migration agent Ms. Ursula Matson urgently on (08) 8447 4466 for assistance.