My Australian Visa Has Been Cancelled – What Are My Options Now?

This is obviously a highly stressful situation – so the first rule needs to be: Don’t Panic. Before making a decision to cancel a visa, the Department will ordinarily issue a ‘natural justice’ letter, which outlines its intention to cancel your visa and invites you to provide reasons and evidence for why your visa should not be cancelled. Why Would …

My Australian Visa Has Been Refused – What Are My Options Now?

Anybody who has been through the process of applying for an Australian visa knows that it can be long, arduous and involves a lot of work. For those who go through the whole process, only to find at the end of it the result is a refusal – well, it can be a real body blow. However, the refusal decision …

Deportation and Removal from Australia

Any non-citizen present in Australia without a valid visa is considered to be unlawful and liable to be detained and removed to their country of Citizenship or habitual residence. This is the case whether a person has entered Australia without a visa, overstayed their visa or had their visa cancelled. However, how the person is dealt with by the Department …

Consequences of having been Removed or Deported from Australia

If you have been removed of deported from Australia as a result of having been an unlawful non-citizen or otherwise by the cancellation of your visa, you might have a difficult time returning to Australia. A range of limitations may apply, depending on the circumstances of your departure. Schedules 4 and 5 of the Migration Regulations 1994 set out the …

Character Requirements and the Character Test

If you wish to enter or stay in Australia, you must satisfy what is referred to as the ‘Character Requirement’. The requirement is for all non-citizens and sponsors and is set out is Section 501 of the Migration Act 1958. This is not a once-off test. You must continue to satisfy the character requirements during your stay in Australia. For …

Freedom of Information Requests

Under the Freedom of Information Act 1982 you have a right to access information that the Australian government holds. In migration applications, it can often be important to know what information the Department of Immigration and Border Protection holds about you. The Department will have: 14 days to acknowledge receipt of your FOI request 30 days to notify you of …

Role of the Commonwealth Ombudsman in Immigration

The Commonwealth Ombudsman is an independent statutory office that exists to receive, investigate and resolve complaints about Commonwealth Government Departments and Agencies. Specifically, the Ombudsman will investigate claims of unfair or unreasonable treatment or maladministration that has caused harm to the complaining party. The Ombudsman has the power to compel an organisation to take actions that will undo the damage …

An Overview of the Migration Tribunal System

The main review mechanism for decisions of Government in Australia is the Administrative Appeal Tribunal (AAT). Up until 1 July 2015, decisions made in accordance with the Migration Act 1958 were subject to review by the AAT or one of two specialist Tribunals; the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT), depending on the subject matter of the …

The Role of the Court in Migration Cases

Any decision made by a Government decision-maker – except in exceptional cases – is subject to merits review at a relevant tribunal. For a visa applicant, this means that if you have a decision taken to refuse to grant, or to cancel, your visa, you are likely to have a right to appeal that decision to the Administrative Appeals Tribunal. …