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What happens if my visa is cancelled?
Posted on June 18th, 2015
Immigration is an involved and sometimes tricky industry to understand, never more so than if your Australian visa is cancelled or changed. Visa applications can be denied and existing visas can be cancelled for a number of reasons including:
- Changes in Immigration legislation
- Changes in visa holders circumstances
- Breach of visa terms and conditions (intentional or unintentional)
- Incorrect information or false documentation supplied with application
- Safety or character concerns to the country
- Arranging a marriage with an Australian citizen for immigration purposes
So what happens if a visa is revoked or an application denied? The Department of Immigration has a review board known as the Administrative Appeals Tribunal and encompasses both the Migration Review and Refugee Review Tribunals.
- Not all situations are eligible for ‘review’ but as per the Department of Immigration and Border Protection the tribunal will review the decision through the following three avenues:
- Most decisions with a right of review are reviewable by the Migration Review Tribunal (MRT)
- Decisions about deportation and citizenship are reviewable by the Administrative Appeals Tribunal (AAT)
- Decisions on onshore protection visa applications are reviewable by the Refugee Review Tribunals (RRT)
As of 1st of July, all three of these tribunals will umbrella under the Migration and Refugee Division of the AAT.
It is important to understand the reason that a visa has been cancelled or an application denied and the available options to request a review. There are three particular instances when a decision can not be appealed and these are:
- If the decision has already been submitted to the AAT
- If the visa was refused or cancelled under Section 501 of the Migration Act 1958
- The visa was cancelled or refused due to the individual breaking Australian law
The best way to ensure that you do not go through the process of having to deal with a declined visa application to Australia or a cancelled visa is:
- Ensure your application is accurate and all inclusive with the required documentation
- Ensure your application is true and correct
- Ensure you are familiar with the terms and conditions of your visa application
- Use a registered migration agent to submit your application and oversee the application process.
If you would like any information on the services we can offer throughout the visa application process and the ongoing support we can offer applicants, then contact our head office in Brisbane today.