Visa Cancellation / Visa Application Refusal

Visa Cancellation / Visa Application Refusal

If your visa is cancelled or your visa application is refused, (under Part 5 of the Act and apart from non reviewable cases provide under the Act) you may apply for a decision review with the Administrative Appeals Tribunal (AAT) under the Migration Act 1958 (the Act) within the period of 28 days (if the applicant is in Australia) after the notification of the decision.(refer to section 347(1)(b)(i) of the Act).   

AAT Decision Review Application

You may lodge an application online with AAT.  You may send email to Migration and refugee decisions Division. You may download a paper form online.

The application for review a reviewable decision must

  1.   be made in the approved form (attaching a copy of the decision and the notification letter from the Department of Home Affairs with the application form);
  2.   be given to the Tribunal within the prescribed period; and
  3.   be accompanied by the prescribed fee.

 

Decision Review Application Time Limit

AAT does not have power to extend the time for you to lodge a decision review application.  You must lodge the decision review application within 28 days after receiving the decision notice.

Expedited Review under s501 or 501CA

If you are applying for a decision review for visa cancellation or visa application refusal or situation under s501CA, you may apply for an expedited review within 9 days after the day you are notified with the decision.   AAT will contact you notify you a hearing date and such application must be decided within 12 weeks after the day on which you are notified of the decision.

AAT Review

AAT  in reviewing a Part 5- reviewable decision is not bound by technicalities, legal forms or rules of evidence; and shall act according to substantial justice and the merits of the case. (refer to section 353 of the Act).

The Tribunal has power under the Act to

  1.   affirm the decision or
  2.   vary the decision or
  3.   remit the matter to the Department for reconsideration or
  4.   set the decision aside and substitute a new decision or
  5.   exercise a power to dismiss or reinstate an application if the applicant fails to appear.

 

The above information are for reference only.  If you require assistance, you may contact us on 1300 118 818 or complete the online consultation form or arrange a meeting with us to discuss your concern.