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Visa Refusal & Merits Review

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When a visa application gets refused or a visa is cancelled, the visa applicant or visa holder run the risk of becoming an unlawful non-citizen if no action in the prescribed time provided by immigration and the visa application or visa holder remain in Australia. Clients in these situations find themselves in highly stressful circumstances and it is highly advised for such clients to contact registered migration agents knowledgeable in this field immediately to provide the appropriate advice.

Some cases are reviewable and some aren’t, for those who have an unreviewable decision, the advice is to make departure plans as soon as possible and ensure that you depart Australia before you become a unlawful non-citizen. For those with review rights, it is best advised to speak with a registered migration agent to assess your current situation, your prospect of success at the relevant review tribunal and any other associated matters.

The Department of Immigration and Border Protection will advise you of your review/appeal rights when notifying you of a visa refusal or cancellation. Usually there is a limited period of time to apply so it is essential that you seek advice as soon as possible in terms of the best course of action you should take.

The review process is called ‘merits review’ and is an administrative reconsideration of your case. A merits review can result in one of the following decisions:

  • Affirm (not change) the primary decision
  • Vary the primary decision
  • Set aside the primary decision and substitute a new decision
  • Remit (return) a matter back to the Department for reconsideration with specific directions

How to lodge a review application

Applications for the review of a Department of Immigration and Border Protection decision need to be lodged with the Administrative Appeals Tribunal(AAT). The AAT cannot extend the date by when you must apply to the AAT for a review of that decision. You can lodge your application either online, in person, by email, by post or by fax.

Tip. If you are in immigration detention, you will be advised by the Department on how you can lodge a review application with the AAT.

Is your student visa cancelled? Are you experiencing 457 visa cancellations? Do you need assistance to attend a Melbourne AAT appeal?

If your visa application gets refused or your visa is cancelled, it is critical to act fast and get proper advice from an experienced registered migration agent. Southern Stone International has vast experience with AAT appeal and has successfully reversed many visa cancellation cases. Call us immediately on 1300 188 999 and let us deal with your trouble!

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