Like all things in life, your visa applications may not go as planned leading to a visa refusal or visa cancellation because of various reasons.
Visa Refusal and Cancellation Services
When you receive a Notice of Intention to Consider Cancellation (NOICC), you need to act quickly! For obvious reasons, you should contact the agent/lawyer who has helped you obtain your current visa ASAP.
A NOICC does not mean that your visa is or has been cancelled, but it means that the Department is considering cancelling your visa. The NOICC should detail the reasons why the Department is considering cancelling your visa. It also gives you a chance to respond and explain why this allegation is not accurate or give reasons why they should not cancel your visa.
When you receive an unfavorable decision from the Department, you may be eligible to take your case to the AAT for a review.
The AAT will conduct a ‘merits review’, which simply means that generally, you are able to submit more documents and information than what was provided to the original application at the Department.
A Ministerial Intervention is commonly sought for those who have exhausted all legal avenues. For you to request the Minister, there must be an unfavorable decision by the AAT.
The Minister has a detailed outline as to when they will step in, and generally, you are required to show evidence that your continued residence has an exceptional benefit for Australia or an Australian citizen/permanent resident.
This pathway should not be considered lightly and should only be used as a last resort.
Generally, when you receive an unfavorable decision from the AAT, and if there were some errors or mistakes made by the Tribunal – a Judicial Review at the Federal Courts may be an option.
It is important to note that the Judicial Review is not a merits review, and hence the courts will only determine the alleged ‘error or mistakes’ of the previous decision-maker.
Australian immigration law is one of the most reviewed areas of law by the Courts in Australia – hence it may be a worthwhile consideration if you felt the AAT was conducted unfairly.