Visa Refusals or Visa Cancellation

Did you know that there are 107 different visas available in Australia?

If you have received a notice from the Department of Home Affairs, notifying you of a visa refusal or that your visa has been or is intended to be cancelled, then contact our team of experienced immigration lawyers immediately.

There is generally a strict timeframe for which you can respond to this notice. Therefore, it is essential that you seek professional advice as soon as possible.

Generally, people can challenge administrative decisions made by the Department of Home Affairs. This includes decisions to refuse or cancel a visa. If you win, that decision is overturned.

These appeals are generally made to the Administrative Appeals Tribunal (AAT) first for the Tribunal Member to consider the case afresh. Your matter will be redecided based on the documents and facts presented before the Tribunal Member. Therefore, based on the reasons for their decision, we are able to generate a strategy targeting the specific issues and points raised by the Departmental Officer.

In some circumstances, there may have been a legal issue (including issues of procedural fairness, failure to consider relevant points etc.) which are more appropriate to be challenged under judicial review at a legal forum such as the Federal Circuit Court of Australia or Federal Court of Australia.

Regardless of the issue, appeals can be quite complex. Therefore, our experienced immigration lawyers are available to assist you with your recently received negative decision.

Health and Character Problems

For almost all types of visas, Australia imposes a strict health and character requirement for the grant of visas.

Certain health conditions are assessed as a public threat to the Australian community such as Tuberculosis. Other serious medical conditions such as HIV, Hepatitis, Cancer and other medical conditions that require significant ongoing treatment can also be assessed negatively due to the likely significant costs to the Australian community and prejudice access to treatment to Australian community.

If you have ever been convicted in the past, including substantial record of traffic offences, involvement in dishonest or fraudulent crimes etc., you may not be able to pass the character test.

It is best to seek professional advice if you think you may have a medical condition or a conviction that may affect the success of your visa application.

To learn about the specific requirements for each visa, and to find out which one is most suitable for you, contact us or fill out our form here.

Download Visa Cancellation Guide here

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