REFUSAL OR CANCELLATION OF VISA

 

If you want to apply for a visa, you must make sure that you satisfy the character test that is defined in the Migration Act.  If your visa is either refused or canceled, you have limited time to decide the next step and it is very important to get the right advice from right people. The refusal or cancellation of visa may result if the applicant did not pass the character test that was set.   The grounds for the refusal or cancellation of visa are set under section 501 of the Migration Act.  Visa canceled is automatic if the visa applicant is sentenced to imprisonment of 12 months or more.  The refusal or cancellation of visa decision is usually made by the Minister for Immigration and Border Protection.   The first step in refusal or cancellation of visa is writing a submission to the immigration department.  There are two main reasons why the visa may be refused or canceled.   The visa can be refused or canceled if the notification to consider cancellation is sent to visa holder or if the visa holder has been notified that her/ his visa has been canceled.  The visa holder is supposed to respond to the notification received within 28 days.  To refuse or cancel the visa decision is guided by the instructions contained in the Ministerial Direction 65. The visa holder must apply for the revocation of cancellation decision which is carried within 28 days.  In case the visa applicant did not succeed in the first stage of the decision of refusal or cancellation of a visa, then the second process will involve the application to Administrative Appeals Tribunal that must be completed within 84 days.  If the minister for immigration makes decisions personally, then there is no appeal for such a decision.   If the visa is refused or canceled, then the decision must be reviewed by the merits review tribunal.

Order Now