Visa Refusal / Cancellation Appeals
About the Process
In some cases, your visa application may be refused/cancelled. When this occurs, it’s important to consider potential reasons for visa refusal/cancellation so that you can submit an appeal. By applying for an appeal at the Administrative Appeals Tribunal, you can ensure you’ve done everything in your power to successfully obtain an Australian migration visa.
What are the reasons for a visa cancellation/refusals?
- The applicant did not comply with the visa conditions.
- The applicant did not meet character requirements set by the Department of Home Affairs (DHA).
- The applicant provided false information on their visa application.
- The applicant asked for the visa to be cancelled.
How can I appeal a Visa Cancellation decision?
The applicant will receive a cancellation notice which should be read carefully because each decision is different. This letter should advise:
- If the applicant has the right to appeal your decision
- The timeframe available to lodge the appeal
- The relevant appeal body your appeal should be directed to
Generally, a visa cancellation decision is appealed to the Administrative Appeals Tribunal and if this is the case it will be clearly stated in your visa cancellation notice.
Some visa cancellation decisions are appealed to the courts instead. Whether the person can apply for merits review by the AAT depends on whether the decision was made by the Minister personally, or by a delegate of the Minister. A decision made by a delegate (e.g. a DIAC officer) to refuse to grant or to cancel a visa under section 501 is subject to merits review by the AAT, but a decision made by the Minister is not
At Solve Migration we have many years of experience representing our clients at AAT and Federal Circuit Court. You can book an appointment with us to discuss your options.
