Visa Issues and Advice | Mygration
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Visa Issues

Visa refusals and cancellations

For those of you who have received a visa refusal or had a visa cancelled by the Department of Immigration and Border Protection (DIBP) we recommend you receive expert immigration law advice without delay.

Our team has extensive knowledge and experience of immigration law and procedure and are well adept at assisting clients with cancellations and visa refusals.

At Mygration, our team of immigration Lawyers and Agents are available to discuss your options, provide advice and prepare submissions on your behalf in relation to the cancellation notice.
If you have been refused, our team will assist you with lodgement of the appeal (if available), preparation of submissions and attendance at the tribunal (if required).

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Visa Refusals

A visa refusal can be devastating and stressful for both individuals and businesses. However, in many circumstances it may be possible to appeal the decision made by the DIBP to the Administrative Appeals Tribunal (AAT). The AAT acts independently of the DIBP and will assess each matter on its own merit.

There are strict deadlines with lodging an appeal to the AAT which is usually 21 days from the date of refusal. The AAT has the ability to affirm the DIBP’s decision to refuse your visa (that is they agree with the DIBP decision to refuse or cancel); set aside the decision and substitute it with a new decision; and/or remit the matter to DIBP for reconsideration.

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Visa Cancellations

For anyone experiencing a visa cancellation, we know that this time is very stressful and concerning for all those involved. Visa cancellations may occur in some of the following circumstances:

  • Failing to comply with the conditions of your visa. For example, not maintaining the appropriate enrolment on your student visa; failing to work full time for your employer on a 457 visa; or failing to work for the required amount of time on your RSMS subclass 187 visa;
  • Providing incorrect or false information on your visa or citizenship application; and
  • Failing to meet character requirements (being charged with a serious crime or being sentenced to 12 or more months imprisonment).

If you receive a notice of intention to consider cancellation from DIBP you must contact us immediately as short time limits apply.

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Sponsor monitoring and sanctions

If you are a business sponsor and have received a notice from the business monitoring unit of DIBP, our experienced team are able to assist with advice, compliance audits, responses to adverse information, submissions and appeals.

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Health Issues

Australia has strict requirements in relation to health and will assess you and dependent family members via health examinations to ensure you will not be a risk to the Australian community, be a burden on the health system or have a condition that will result in a significant cost as a result of your perceived reliance on Australia’s healthcare or community services.

In limited circumstances the DIBP is able to waive the health requirement for you or your dependents where you apply for a 457 visa and transition to permanent residence via the 186 ENS visa with the support of your employer.

Where you are not applying for the 457 and 186 as mentioned above, the DIBP has a health policy where “one fails all fails” that applies to most permanent visas. An example of this is where you may have a disabled child included as a migrating or non-migrating dependent who fails the health assessment which in turn will result in the entire application being refused including the main applicant.

In limited circumstances you may be successful in arguing that your health issue does not impose a risk to the Australian community and you may still be in a position to obtain a visa. Please speak with our experienced immigration lawyer to discuss your options.

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Character Concerns

The DIBP imposes strict character requirements on visa applicants and their dependents to ensure temporary and permanent migrants are of good character.

You may fail the character test if you fall under one or more of the following:

  • You have a substantial criminal record (sentenced to 12 months or more in prison, including suspended sentences);
  • Have been convicted of escaping from immigration detention;
  • Have been charged with an offence while you were in detention;
  • You have an association with persons, groups or organisations that are involved in criminal conduct, such as outlaw motorcycle gangs;
  • You have been involved in people smuggling or trafficking;
  • You have been involved in genocide, war crimes, or crimes of serious international concern;
  • There is a risk that you would commit a serious crime whilst in Australia;
  • You have been convicted of sexual based offences involving children;
  • You are subject to an adverse assessment by the Australian Security Intelligence Organisation (ASIO); and
  • You are subject to Interpol notice where you are a risk to the Australian community.

If DIBP find that you are the subject of any of the above they will take steps to cancel or refuse your visa. In certain circumstances you may be detained and returned to your country of origin unless appeal options are available to you. Please speak with our experienced immigration lawyer to discuss your options.

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