Visa Refusals & Cancellation

Getting a visa refusal can be disappointing, but having no clue about why your visa application got rejected can be even more disheartening. Don’t Worry, you’re not the only one! Many applicants are not able to understand the specific reasons for their visa refusal. If you have experienced a visa refusal recently, we can help you put your case for a review by the Immigration Review Tribunal.

How do you know that your visa has been rejected or cancelled?

Once the Department of Home Affairs (DOHA) cancels your visa or refuses your visa application, you will be given notice about the visa refusal or cancellation in writing, including whether the decision can be reviewed or not.

If you’re granted a permission for a review, we can certainly facilitate you in the matter. At Aus Visa Centre, we help our clients sail through the review process smoothly by preparing their ministerial intervention appeals; and supervising solicitors for every matter under review at the Federal Court.

We draft and file all the relevant documentation to the authorised personnel in a timely manner and keep you informed throughout the length of the process. Once a decision is made on your visa application, we cross-check to ensure that the decision is in line with the current policies and regulations.

CTA: Have you faced a rejection on your Australian visa application? At Aus Visa Centre, we can help you put forth appeals for getting your application reviewed from the Federal Court. Contact us today to learn more about how we can help you jump start your migration journey to Australia once again!

Merits Review – Administrative Appeals Tribunal (AAT)

The AAT addresses reviews for refugee and standard visa applications. A merit review involves reviewing the merits of the Department’s decision by reconsidering and unfolding the facts, laws and policy aspects relevant to the original decision, and coming to a conclusion about whether the original decision should be altered or not. The Tribunal will consider the evidence from a fresh perspective, making it a ‘second attempt’ for your application.

Judicial Review – Federal Court of Australia

Decisions from the Department of Immigration and the AAT regarding a visa refusal or cancellation are administrative decisions. Administrative decision makers must follow the law and certain legal process during the decision process. If the decision-maker fails to follow correct legal process in making a decision, it can be challenged at court through judicial review by appealing to the Federal Court of Australia.

The court will not make a decision on the visa, but it will confirm whether the decision was made according to law. This will conclude if the decision maker was correct or not, and order that he lodges the case according to the law. If the Court finds that a decision is unlawful, the Court has the power to:
● Order that the decision be quashed and or set aside.
● Order that the decision-maker follow the correct legal process and re-make the decision.
● Declare a legal position, for instance, that the decision is legally incorrect or incorrect.