Visa Refusals & Cancellations
If you have received a notice to cancel your visa or have had your visa refused, then we recommend you obtain expert advice.
Our team of immigration lawyers and agents will be able to provide advice and prepare submissions on your behalf in relation to the cancellation notice. The appeal process requires extensive knowledge of immigration law and procedure.
Having a visa refused can be overwhelming and stressful and the effects on businesses and individuals can be significant.
In certain circumstances, it may be possible to appeal a decision made by the Department of Immigration and Border Protection (“DIBP”).
The Administrative Appeals Tribunal (AAT) is able to consider a wide range of visa-related decisions, including refusals and cancellations.
AAT decisions are based on the merits of each particular case. Applications must be lodged within the required timeframe, which is typically 21 days from the date of the refusal.
The AAT has the power to:
- Affirm (not change) the DIBP’s decision
- Vary the decision
- Set aside the decision, and substitute it with a new decision
- Return the matter to the DIBP for reconsideration with specific directions
What are some situations in which the minister can cancel your visa?
- If you fail to comply with the conditions of your visa
- If you provide incorrect or false information (including failing to notify the department of a change in circumstance)
- If you do not meet character requirements
There are other situations which may warrant cancellation of your visa.
You will first be issued with a notice of intention to consider cancellation. You will need to act urgently due to strict time limits.
Health & Character Problems
- Provide complete health examinations;
- Not be assessed by the Medical Officer of the Commonwealth (MOC) as having Active Tuberculosis (TB) or any other condition deemed as a threat to our public health system or a danger to the Australian community
- Not have a condition that is likely to result in a significant cost to the Australian community in terms of healthcare and community services
This area is complex and is in place to ensure that healthcare for Australians is safeguarded against dangerous diseases and other encumbrances that affect our health care system.
There are of course critical exceptions to this policy. This is where health waivers are available to some visa subclasses:
Temporary 457 visa application
There are circumstances where the minister may grant a health waiver for a 457 visa applicant or their family members.
The sponsoring employer needs to provide the Department with a written undertaking, which agrees to cover all costs related to the disease or condition that caused the applicant or their family members to fail the health criteria.
Permanent visa application
This is only available for applicants applying under the 186 temporary residence transition stream and is determined on a case by case basis. This is a complex area and it is our advice that you seek professional assistance in relation to the health waiver.
You won’t be able to pass the character test if:
- You have a substantial criminal record (sentenced to 12 months or more in prison or have a suspended sentence)
- Have been convicted of escaping from immigration detention or been charged/convicted of an offence while you were in detention
- You have an association with persons, groups or organisations that are involved in criminal conduct, smuggling, people trafficking, genocide, war crimes, or crimes of serious international concern
- There is a risk that you would commit a serious crime whilst in Australia
- You have been convicted of sexual based offences involving children
- You are subject to an adverse assessment by the Australian Security Intelligence Organisation
- You are subject to Interpol notice where you are a risk to the Australian community
The Department of Immigration and Border Protection has tough laws and guidelines on character problems which means that they will refuse your visa if you fail the character test.
The consequences are stern; if you are in Australia you may be detained and then returned home.
Peter, during the time that you have worked on our behalf we have been so impressed with your knowledge of the "visa world", your sound advice and the success of your applications.
Should we ever encounter someone in the future who is looking for a very good immigration specialist we will refer them to you...
Gareth, you have handled our case very well which led us to win the case - I am really grateful for your help.
Your advice and suggestions as our agent helped us a lot. In future if we need any migrant agent for our family/friends we will come back to you because of the great service Lewis & Bollard.
We understand that you may have had complications with your visa due to a number of complexities