A visa may be refused or cancelled by the Minister for Immigration and Border Protection in various circumstances, and generally requires the Minister to provide notice to the applicant.
In some instances, a visa can be cancelled without notice, however this is usually only in very limited and prescribed circumstances.
If you have received a notice from the Minister in relation to your visa refusal or cancellation, it will generally provide you with important details of your visa refusal or cancellation.
Nevertheless, please seek legal advice immediately and without delay as strict time limits apply and to maximise your prospects of successfully contesting your visa and lawfully remaining in Australia as there are negative implications if you do not take any action.
We offer a 20 minute free, no obligation consultation to discuss your matter. If the matter is urgent, please direct your calls to our 24 hour hotline where a member of our litigation team will be notified of your call and will return your call shortly.
In some instances, it may be necessary to appeal a decision in a court of a relevant jurisdiction. We can act on your behalf in the:
Administrative Appeals Tribunal
The Administrative Appeals Tribunal has the power to conduct a ‘merits review ‘of the decision and reconsiders the facts, law and policy relating to the decision independently without considering the original decision of the Minister.
Federal Circuit Court of Australia
In most instances, migration matters will be heard in the Federal Circuit Court of Australia unless the Federal Court of Australia has original jurisdiction. The court determines whether or not a ‘jurisdictional error’ in relation to an error of law due to the Minister’s decision has occurred. If successful, the matter will be remitted for redetermination to the decision maker and the Minister will be prevented from acting on the decision.
Federal Court of Australia
Only in prescribed circumstances will a matter be heard in the Federal Court of Australia.
The matter will be heard in a similar manner to the Federal Circuit Court of Australia, however the Federal Court of Australia will also exercise the judicial power of the Commonwealth.