A visa refusal or cancellation is not always final. There is often an option to have the negative decision reviewed. If successful, your visa will be granted, or you will get your visa back.
The value of a review is that a new person assesses your situation once again, and to this person you can present fresh evidence that you may not have presented the first time around. For a visa cancellation, you are able to present evidence that shows the basis for the visa refusal was wrong.
The letter you were sent is the starting point. In this letter the case officer from the Department of Immigration and Border Protection will detail very specifically the regulation that he or she considers you failed to satisfy, which is the reason for your visa cancellation. The letter will also inform you if review is possible, and the time-frame you have to lodge an application for review. It is important you act quickly when your visa has been refused or cancelled, as the consequences for not acting immediately can be severe.
Visa refusals
Visas are often refused as a consequence of the applicant not supplying adequate evidence, or supplying unconvincing evidence. If you didn’t supply the necessary evidence with your initial application, you have another chance to do it in a review. A consequence of a visa refusal is that you cannot apply for another visa while you are in Australia, with the exception of a Partner Visa. This means that success in a review is your only chance of staying in Australia.
Visa cancellations
Visas can be cancelled for various reasons. The Department of Immigration and Border Protection may have:
information that suggests a person has not adhered to the conditions that came with their visa; for example, a student that has not been attending the course or working more than 40 hours a fortnight.
found out certain information provided in a visa application was false, or a document provided was bogus.
decided that a person is not of good character after receiving information that a visa holder has committed a crime.
Some visa cancellations are automatic, and for others a Case Officer has discretion whether or not to cancel your visa. You will received a letter beforehand either informing you that your visa is being considered for cancellation, and inviting you to supply any information that may be a reason not to cancel the visa; or for automatic cancellations, inviting you to supply information that may be cause to set aside the automatic cancellation.
If a Case Officer decides to go ahead and cancel your visa, you will receive a letter stating that your visa has been cancelled. It will set out the reason for cancellation, and inform you of your review rights and the time period you have to lodge an application for review. You won’t have long. It is important you get advice quickly regarding your chances of getting the decision overturned on review.
How Alta Visa can help
If your visa was refused, we look at the letter the Immigration Department sent you, discuss your situation with you and ascertain the evidence you may be able to assemble, and decide if you have a chance of getting the decision overturned. If we think a review is worthwhile, we book you in for a review and attend the hearing with you. To prepare, we work with you to put together a clear argument, and to get the necessary evidence to convince the person hearing your review that your visa was wrongly refused. It is impossible to guarantee success; however, a well prepared submission with supporting evidence can go along way to getting a favourable outcome,
If your visa was cancelled, we similarly look at the letter the Immigration Department sent you, discuss your situation with you to determine if you have the necessary evidence to mount a reasonable argument, and decide if you have a chance of getting the decision overturned. If we think you have a chance of getting the cancellation reversed, we will book you for a review and attend the hearing with you. To prepare, we put together a convincing argument with supporting evidence, and hopefully this will be enough to change the decision.
If you got a notice of intention to cancel your visa, or a request for further information, we tell you exactly the kind of evidence you need to get to convince the case officer not to refuse or cancel your visa.