Visa Refusal and Cancellation
With more than 15 years’ experience in the field, you can have peace of mind knowing that we are here to support you when it all goes wrong. Our registered migration agents will find the best solution to your problem and will be there with you through the whole procedure. This includes preparing submissions on your behalf to the immigration department and even assisting you in Administrative Appeals Tribunal (AAT) or Federal Court matters.
We can provide assistance in the case you:
Have received a request for more information or invitation to comment on your application; or
Wish to apply for a review of a decision by the Department of Immigration and Border Protection; or
Wish to apply for a review of a decision by the Administrative Appeals Tribunal; or
Need advice in relation to Ministerial Intervention applications, including the drafting of Ministerial Intervention submissions.
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. They have the power to review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by State government and Non-government bodies.
The types of decisions reviewable by the AAT include:
Visa refusals or cancellations (if the applicant or visa holder is in Australia);
Refusal to revoke the cancellation of a visa (if the visa holder is in Australia);
Determination on security bonds;
Determination on the points test for Business Sponsorships and Nominations and also for Skilled migration visas.
The benefit of applying for an AAT review is that if the AAT determines a decision by the immigration department to be incorrect, they have the power to set the decision aside and grant the visa application (on a case by case basis). In most cases, an incorrect decision will simply be set aside and the decision will be remitted back to the DIBP for reconsideration.
The Federal Circuit Court is an independent federal court under the Australian Constitution. In its jurisdiction, it can review specific decisions made under The Migration Act 1958 (Cth) ‘The Act’, including decisions made by the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal. It is important to note that the Federal Circuit Court will only review whether a jurisdictional error was made in the decision being reviewed and will NOT reassess the merits of the application. If a jurisdictional error is found, the court can refer your case back to the decision maker and prevent the minister from acting on the decision.
Here at iVisaPoint, we can assist you in applying for a Federal Circuit Court review. This can be a tedious and time-consuming process thus it is essential you receive the right advice before proceeding. For more information on this procedure, please contact our Sydney office on (02) 8625 3505 or get in contact with one of our registered migration agents.
If your visa has been refused and you believe there are unique or exceptional circumstances why the decision should be overturned, you may be able to apply for Ministerial Intervention. You must have sufficient evidence to support your case before applying and have reasonable grounds for applying to ensure a positive outcome. The outcome of your case will depend solely on the Minister’s discretion.
The Minister has powers under the Migration Act 1958 to intervene in your case when the Minister thinks it is in the public interest to do so. What is and what is not in the public interest is for the Minister to decide. The Minister is not legally bound to intervene or to consider intervening.
When the Minister intervenes to make a more favourable decision, this usually means that the Minister grants a visa. However, only a small number of all requests for ministerial intervention are successful.
Options that might apply to you:
You have received a decision by a review tribunal See: Ministerial intervention under sections 351, 417 and 501J of the Migration Act 1958
You have previously been refused a protection visa or your protection visa has been cancelled See: Ministerial intervention under section 48B of the Migration Act 1958
For more information on Ministerial Intervention, please contact our Sydney office on (02) 8625 3505 or get in contact with one of our registered migration agents.