VISA CANCELLATIONS AND REFUSALS

When your visa application is refused or cancelled, you may be entitled to make an appeal to the Administrative Appeals Tribunal (AAT).

The AAT reviews decisions made in respect of many visas, like visitor, student, partner, family, business and skilled visas.

There are strict time limits for applying for review. An application for review must be lodged within the time limit referred to in the letter issued by the Department containing the notice of the decision.

If the application is not lodged within the time limit, you can become unlawful. The AAT does not have any power to extend the time limit.

The Administrative Appeals Tribunal has the power under the Migration Act 1958 to:

• affirm (not change) the primary decision
• vary the primary decision
• set aside the primary decision and substitute a new decision
• remit (return) a matter to Department for reconsideration with specific directions

If you received a letter from the Department concerning a visa refusal or visa cancellation, don’t rush to buy a flight ticket home. First, give us a call and ask for advice!