Receiving bad news is never a pleasant experience. However, if your visa has been refused or cancelled, there are ways in which you can have your case reconsidered. You can also be given opportunities to explain your situation where you have been issued a Natural Justice invitation.
Our extensive knowledge and experience allows us to analyse the legal and technical aspects of your case. By doing so, we will advise you on what you can do to achieve a favourable outcome.
Your visa can be refused or cancelled on several reasons including insufficient evidence, unconvincing information or breach of visa conditions. More serious issues are fraud, criminal activity or over-staying your visa. If you are in Australia and your visa has been refused or cancelled, you will be subject to “Section 48” which generally means that you cannot apply for another visa while in Australia. You will be required to leave Australia or you may appeal the decision at the Administrative Appeals Tribunal.
If you receive a Natural Justice invitation, this generally means that the immigration department has adverse information about you that may result in a visa refusal or cancellation. You are given an opportunity to comment by responding with an explanation and submitting further documents. It is important that you properly address their suspicions or concerns to avoid an unfavourable outcome.
If your visa is refused or cancelled, you may apply for a merits review at the Administrative Appeals Tribunal. The AAT reassesses your case to determine whether the immigration department’s decision was correct or incorrect. You can generally submit additional supporting evidence and invite witnesses. You may also be required to attend a hearing where you will be questioned by the Tribunal Member. If you are in Australia when your visa is refused or cancelled, you can legally remain in Australia until your AAT case is finalised.
If you have overstayed your visa or have had your visa cancelled, you may be placed in immigration detention or deported. You should contact us immediately if you have been detained or issued a deportation notice. We can visit you at the detention centre or correctional facility to discuss your options.
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