Visa Cancellations & Refusals
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- Guidance on Next Steps
- Maximise Your Chances
- Follow-Up with Authorities
- Urgent Appeals & Submissions
- Representation at Hearings
Visa Cancellations and Refusals: Protecting Your Rights and Future in Australia
If you’ve received a Notice of Intention to Consider Cancellation (NOIC) or a visa refusal decision, it’s crucial to act quickly to safeguard your rights and remain lawfully in Australia. At Caspian Legal, we are here to guide you with expert advice and representation to achieve the best possible outcome. Contact us today for a consultation on how we can assist with your case.
Our Services for Visa Cancellations and Refusals:
Accurate and useful legal advice on visa cancellations or refusals:
Receive correct and practical legal advice tailored to your specific case, helping you understand your options and the steps ahead.
Careful and responsible preparation of appeals and submissions for the Administrative Appeals Tribunal (AAT) and judicial review:
We ensure that your appeals and submissions are meticulously prepared to strengthen your chances of success.
Supporting you in hearings before the AAT, Federal Court, or Ministerial decision-making process:
We will stand by your side, attend hearings with you, and make sure you are fully prepared for any questions or challenges that arise.
Diligent assistance with preparing revocation requests for visa cancellations:
Our team will thoroughly assist you in preparing requests to revoke visa cancellations, ensuring all necessary details and arguments are presented effectively.
Understanding Visa Cancellations and Refusals in Australia
Visa cancellations and refusals can have serious consequences for individuals and their families. Whether your visa is cancelled under character provisions or due to non-compliance with visa conditions, it is essential to understand your legal rights and options. At Caspian Legal, we are committed to helping you navigate these complex situations.
Visa Cancellations: Reasons and the Two-Stage Process
Visa cancellations can happen for various reasons, including failure to meet visa conditions, providing false information, or not passing the character test under the Migration Act. The Department of Home Affairs (DHA) or the Minister may cancel your visa, and this process follows a two-stage decision-making approach:
1. Stage One: Threshold Test for Visa Cancellation
At this first stage, the Department or Minister evaluates whether you meet the character test under section 501 of the Migration Act. You may fail the character test for reasons such as:
A substantial criminal record (imprisonment of 12 months or more)
Conviction for immigration detention offences
Association with individuals involved in criminal conduct
General conduct showing you are not of good character
Being deemed a significant risk to the Australian community
Once the decision-maker suspects that you do not pass the character test, they move to the second stage.
2. Stage Two: Discretionary Decision to Cancel
In the second stage, the decision-maker must decide whether to exercise discretion to cancel your visa. Key factors influencing this decision include:
The protection of the Australian community from criminal or serious conduct
The best interests of any children under 18 years of age in Australia
Whether Australia has international non-refoulement obligations (e.g., under the Refugee Convention)
Your family and community ties in Australia
The impact of cancellation on victims or those affected by your actions
If your visa is cancelled, you will usually have the right to appeal the decision at the Administrative Appeals Tribunal (AAT) or seek judicial review.
Visa Refusals: What You Need to Know
Visa refusals often result from providing false information, failing to meet eligibility criteria, or not passing character requirements. If your visa is refused, the DHA will issue a Notice of Intention to Refuse your visa, giving you the chance to respond.
Merits review with the AAT
Judicial review in the Federal Court if there are legal errors in the decision
Applying for another visa, depending on your eligibility
It’s vital to act quickly, as there are strict deadlines for responding to notices or filing appeals.
Facing a visa cancellation or refusal can be overwhelming, but you don’t have to go through it alone. Caspian Legal is here to provide expert legal assistance and representation to help you respond effectively. Contact us today for a consultation, and let us protect your rights and future in Australia.
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