Appeals for Visa Cancellations and Refusals
What can you do if your visa application is cancelled or refused?
It is possible for your visa application to visit, work or stay in Australia to be refused. However, it is possible to overturn the cancellation or refusal by approaching the Administrative Appeal Tribunal (AAT), who can review your application.
What is the AAT?
The Migration and Refugee Division of the AAT deals with decisions about general visa applications and decisions about protection visas. The purpose of the AAT is to provide a review process which is accessible and fair. The AAT completes its own independent investigation and assessment of your application. However, the right to review visa cancellations or refusals is only available to applications made onshore and is not available for applications made outside Australia.
Are you eligible to apply for a review with the AAT?
You may be eligible to apply for a review with the AAT if:
- Your visa application was lodged and refused while you are in Australia
- Your visa was cancelled while you are in Australia
- You were outside Australia and lodged a visa application sponsored in Australia by a person or organisation and your application was refused. Your sponsor may apply for a review of the application.
- You are an employer and your application for Standard Business Sponsorship was refused
Reasons for your visa application refusal or cancellation:
Some reasons that your application has been refused include (but are not limited to):
- You applied for the wrong type of visa
- You failed to prove or meet the visa criteria
- You failed to meet character or health requirement
- You submitted incomplete or false information
- Your sponsor failed to meet requirements
- You failed to meet skills or English requirements
- You miscalculated your points, where a points test is required
- The Department of Home Affairs questioned the genuinesss of your visit to Australia
Some reasons that your visa has been cancelled include (but are not limited to):
- You were in breach of your visa conditions (e.g. a student visa holder failed to maintain enrolment, failed more than 50% of the course, attendance rate is lower than 80% etc)
- Your sponsor failed to meet a sponsor’s obligation (e.g. An employer does not offer a minimum remuneration under Employer Nomination Scheme visa)
- Your sponsor is no longer willing to sponsor you
- You failed to meet character requirement
How can Smart Choice Education & Migration help you?
Register for a free consultation with one of our registered MARA agents immediately if you have had a visa cancellation or application refusal. Appeals must be made within a short time frame. Applying for a review with the AAT is a complex and intimidating procedure. It is also the last chance to have your or your nominee’s application assessed. Smart Choice Education & Migration has a team of registered MARA agents that can help strengthen your review case.
- Obtain a copy of records by the Department of Home Affairs about your application
- Help you prepare relevant evidence and forms to the AAT for your appeal
- Advise you on necessary evidence and documents in case of hearing
- Represent you at a hearing