In the instance that your visa is refused or cancelled you will likely have an opportunity to have the decision reviewed at the Administrative Appeals Tribunal.
It is extremely important to remember that you only have a
limited time frame to make an appeal. In general, you must appeal the decision
within 21 days. Your cancellation notice will specify how many days you have to
appeal.
THE ADMINISTRATIVE APPEALS TRIBUNAL – VISA CANCELLATION
The Administrative Appeals Tribunal (AAT) conducts
independent merits review of administrative decisions made under Commonwealth
laws.
Decisions are made by a Tribunal Member who will review the
Department’s decision and the facts of your situation.
The AAT reviews a decision “on the merits”. This means that
the Tribunal takes a fresh look at the facts, law and policy relating to the
decision and arrive at their own decision. The AAT must make the legally
correct decision or, where there can be more than one correct decision, the
preferable decision.
A typical process of the AAT Review
Application: lodge the AAT review application;
Submission: provide supporting evidence and
legal submission;
Allocation: Case allocation to a Member of the
AAT, there may be a request for further information;
Invitation & Attendance: invite you to
attend a hearing whether in person or by telephone or by video, to give oral
evidence and present argument
Further Submission: Post-hearing submission
before a decision if required;
Decision: Decision will be received by the AAT
containing the outcome and a statement of decision
Tips for a Visa Cancellation Process
If you are considering applying for Merits Review, you should speak to a legal professional.
Should your visa cancellation be affirmed by the AAT, you can either seek Judicial Review or request Ministerial Intervention
Merits Review is where you matter is heard ‘on the facts’ and may involve you giving evidence at a hearing.
Don’t leave it too late to take action, get yourselves some legal advice so you know your options. Listening to family and friends is supportive, but not always correct.
Check who is actually effected by the cancellation or refusal – It may differ depending on whether the applicant is the primary or a secondary applicant.
HOW WE CAN HELP YOU WITH A VISA CANCELLATION
The agents at Summit Migration are experts in this area,
specifically specialising in visa refusals and cancellations.
We specialise in visa refusal cases and have
in-depth knowledge of the AAT systems and processes
Years of experience presenting visa cases for
favourable reconsideration
We lodge urgent appeals fast and take the stress
out of the process for you
We take each case personally as we know how
important these cases are to your life
Our single goal is to get you that YES
A refusal is something that everyone dreads receiving, but if you act quickly and choose the right representative, it does not have to mean the end.
How Can We Help
Summit Migration provides free 15-minute, no-obligation phone consultation. Claim your free telephone consultation today. Call us on (07) 31777609 to speak to a Registered Migration Agent about your matter.