Trusted Immigration Law Experts in Melbourne
Visas denote the eligibility of an individual to live and work in a particular country. They can often take a long time and be convoluted, and expensive to obtain, which is why visa refusals and visa cancellations can be devastating for people looking to build a life in Australia.
At Nevett Ford, our visa appeal lawyers and visa refusal lawyers are experts in immigration disputes. They can provide professional advice, assistance, and representation in the visa application review process at the Administrative Review Tribunal (ART) in Melbourne, as well as in court.
We prioritise a transparent, in-depth process to ensure that our clients feel informed, supported, and prepared. If your visa application has been refused or your visa has been cancelled, get in touch with our lawyers to discover the best way forward for visa success.
Our Expertise
With diverse expertise in visa reviews, refusals and cancellation, we can support you in navigating issues such as:
• Visa cancellations and Notices of Intention to Consider Cancellation
• Replying to the DHA to revoke visa cancellation on character grounds
• An Invitation to Comment or Request for Further Information
• Citizenship review and cancellations
• Monitoring by the Department of Home Affairs (DHA)
• Complex migration law questions that require presentation to the DHA, ART or judicial review bodies
• Character and criminal issues
• Freedom of Information reviews
• Ministerial Intervention applications.
Understanding Australian Visa Refusals, Cancellations and Appeals
Visa Refusals
You will receive a letter from the Department of Home Affairs with the reason your visa application was refused, which can include anything from an invalid passport to failing character requirements.
Visa Cancellations
Even if you are already holding a visa, that visa can be cancelled if you fail to fulfill the visa conditions, such as attending classes, as well as misleading authorities and failing a character test.
Visa Appeals
You can appeal a visa refusal or cancellation at the ART if you are eligible. If the judgment is upheld, you can either appeal to the Federal Circuit Court of Australia or apply for Ministerial Intervention.
The Visa Refusal/Cancellation Appeal Process in Australia
- Assessment
First, assess whether your application is eligible for appeal as per Part 5 of the Migration Act 1958. The Act outlines visa applications that can be reviewed by the ART. We also recommend consulting your visa refusal lawyer on your eligibility or if you believe the DHA has incorrectly advised you or your reviewed rights.
- Submission
Typically, a visa refusal or cancellation appeal must be sent within 21 days after the DHA’s decision notice or it will not be accepted, so submission must be done as early as possible. Once you have confirmed the eligibility of your application, you can submit a visa refusal appeal to the ART online at the ART’s official website or send a paper application.
- Fee Payment – Administrative Review Tribunal (ART)
A fee must be paid to the ART for them to commence the review of your appeal. The fee for a visa refusal appeal is $3,153.00, while the fee to review a visa cancellation on character grounds is $1,011.00. However, if you are experiencing financial hardship, you can apply for a fee reduction to potentially be granted a reduced fee of $100.
Once you have completed your visa refusal appeal submission, the ART will send you a confirmation letter detailing what will happen next as they review your request. If you have more than one visa application and the ART decides that they can be reviewed together, you may only need to pay one fee. You may also be partially refunded if the case is decided in your favour.
- Case Preparation and Hearing Attendance
Build a strong case against the DHA’s visa refusal or cancellation decision. This is where our visa appeal lawyers can contribute their expertise to help you compile the evidence and facts to support your case, as well as represent you at the ART hearing.
We will be transparent with you throughout the process as to whether you have a strong case to present to the ART member. We will ensure to work closely with you and strive for the best possible outcome to suit your circumstances.
- Request for Further Information
Prepare everything that you think the ART may request as ‘further information’ after the hearing. This can typically include medical reports, letters of support and other relevant documents.
- Receive the Decision
While the ART may sometimes give its decision at the hearing itself, this is very rare and it is more likely that the process will take anywhere from two weeks to two years.
If the ART decides in your favour, the matter will be remitted back to the DHA where they will either revoke the visa cancellation or grant the refused visa. There have been rare cases where the DHA may refuse the visa once again on a different ground. If this is the case, the matter can be appealed to the ART once more.
While the process for the visa cancellation appeal is largely similar, no appeal is possible if the decision was made by the Minister personally.
Frequently Asked Questions
Why should I hire a visa appeal lawyer?
The appeal process and procedures for visa refusals and cancellations are extremely time-sensitive and precise. As such, it is highly recommended to engage a visa appeal lawyer to leverage their expertise and familiarity with immigration law, ensuring the best chances of success for your appeal within the shortest time possible.
Why might my visa be refused?
There may be several reasons for the ART to refuse your visa, including:
- Having an invalid passport
- Failing the character or health requirements
- Failing to meet the visa’s relevant eligibility requirements
- Providing incomplete, false, or misleading information
- Failing to answer additional requests
- Being involved in a disingenuous relationship for partner visa applications
- Being involved in disingenuous position for work sponsorships
- Having a lack of proficiency in the English language
- Breaching previous visa conditions.
What if my visa application was refused while I was out of Australia?
Review rights can be complicated while you are overseas and you may not have review rights till you return to Australia. It is best to consult our visa appeal lawyers for a more detailed strategy.
What happens if my visa refusal appeal fails at the ART?
If there are grounds for judicial review, you can appeal the ART’s decision to the FCCA. However, if your visa was denied for failing the character test, then you may be banned from re-applying for the visa.
Can I stay in Australia while my visa refusal application is pending?
Yes. You will usually be issued a Bridging Visa in the interim, which will allow you to stay in Australia until a decision is reached.
Why might my visa be cancelled?
Common reasons for visa cancellations include but are not limited to:
- Not attending classes (student visa holders)
- Failing to notify the DHA of their relationship ending (temporary partner visa holders)
- Providing fake information and/or failing the character test (any visa holder).
Why Choose us
Decades of Experience
Our visa appeal lawyers are backed by years of experience and expertise in immigration matters, striving to achieve successful visa results – even for those who have had their previous applications refused.
Personalised Service
Our team understands that there is no one-size-fits-all approach for visa appeals. We will assist you step-by-step and provide advice tailored to your situation.
Initial Fixed Cost Consultations
Our team of visa appeal lawyers is dedicated to providing transparent and affordable fees to ensure our clients are aware of what the process will look like ahead of time.
Exceptional Standard Of Care
We are committed to providing compassionate and streamlined assistance for our clients as we believe in building strong and meaningful long-term relationships.
Multilingual Team
We recognise that there may be language barriers concerning visa issues; our visa appeal lawyers in Melbourne can provide written and oral advice in multiple languages including Mandarin, Malay, Arabic, Sinhalese, Spanish, and Serbian to ensure a successful application.
Nevett Ford Is A Member Of The Following:
WHO YOU’LL WORK WITH
Ryan Curtis-Griffiths
Director
David Stratton
Special Counsel
Helen Zheng
Special Counsel
Dora Park
Senior Associate
Heather Dzviti
Senior Associate
Melissa Vincenty
Senior Lawyer
Lili Sibic
Associate
Kiri Stefanidis
Lawyer
Chloe Wang
Legal Assistant
