My visa has been refused or cancelled

If a visa has been refused or cancelled in Australia, the decision is subject to natural justice and procedural fairness, ensuring that the decision-making process is fair. If you receive a negative decision from the Department, such as a visa refusal or cancellation, you will generally havethe right to appeal this decision for reconsideration by the Administrative Appeals Tribunal.

However, there are certain circumstances where an appeal to the Administrative Appeals Tribunal (AAT) is not possible, such as when you are not in Australia, did not file the appeal within the required timeframe, or are not the appropriate person to lodge the appeal. Even if you are unable to appeal to the AAT, you may still have the option to seek legal recourse through the Federal Circuit Court of Australia or the Federal Court of Australia.

Visa Cancellation

Visa cancellation occurs when an already granted visa is revoked due to breaches of visa conditions, criminal activity, or providing false information during the application process. This can be more severe than a visa refusal and often results from the following violations:

• Non-Compliance: Failing to meet the conditions attached to your visa, such as work restrictions or study requirements.
• False Information: Submitting misleading or false information during the visa application process.
• Criminal Activity: Engaging in criminal activities or behaviour that poses a risk to the Australian community.

A visa cancellation can lead to serious consequences, including detention and deportation. It is essential to act swiftly to understand the reasons for the cancellation and to seek professional advice to challenge the decision or apply for another visa if eligible.

Visa Refusal

Visa refusal occurs when the Department of Home Affairs decides not to grant your visa application due to various reasons.

Common reasons for visa refusal include:

• Inadequate Documentation: Failing to submit the required documents to support your application.
• Eligibility Issues: Not meeting the specific criteria for the visa category you applied for.
• Health and Character Requirements: Failing to pass mandatory health or character checks.

It is crucial to understand the reasons behind the refusal decision and explore options for appeal, reapplication or internal review. The Administrative Appeals Tribunal (AAT) offers a platform to review decisions, providing an opportunity to present additional evidence and arguments.

Please send your refusal or cancellation decision to us at enquiries@panaceaimmi.com.au or book in a consultation to ensure you know all the options you have.