Visa Refused or Cancelled? Appeal Now

Understanding Visa Refusal and Cancellation

When the Department of Home Affairs refuses your visa application, it means they've decided not to grant the visa you applied for. This usually happens because of documentation problems, insufficient funds, or doubts about your intentions.

Visa cancellation works differently. If you already hold a visa and receive a cancellation notice, it means the Department wants to terminate your existing visa. Common reasons include breaching visa conditions (like working in the wrong job), providing incorrect information in your application, or concerns about your character. You might receive a NOICC (Notice of Intention to Consider Cancellation) first, which gives you just 7 days to respond. Both refusals and cancellations can be challenged through proper legal channels, but success depends on addressing the specific issues raised and meeting strict deadlines.

Visa Refusal and Cancellation FAQs

Why was my student visa refused when I have good grades?

The Department often refuses student visas claiming you're not a "genuine student" - meaning they think you want PR, not education. Common triggers include changing to a lower-level course, choosing unrelated fields, or work experience that doesn't match your studies. We win appeals by showing real academic commitment with detailed study plans and career goals.

Why did they say my relationship isn't genuine after 3 years together?

Partner visa refusals focus on "genuineness" concerns. Meeting online, age gaps, different cultures, or quick marriages raise red flags. They want quality evidence - joint finances, shared household, family integration. Photos alone don't work anymore. We build cases showing real partnership through financial and social evidence.

My skilled visa was refused even though I have 70 points - what went wrong?

Technical issues cause most skilled visa refusals - incorrect points calculations, expired English tests, or unverified work experience. Sometimes your occupation gets removed from eligible lists. For 189/190 visas, 65-70 points isn't competitive when others have 90+. Appeals work when we prove errors or provide missing evidence.

What does a Section 116 cancellation mean?

Section 116 lets them cancel visas for breaching conditions (working wrong jobs, overstaying), changed circumstances (employer closing), or incorrect information. You'll usually get a NOICC first with 7 days to respond. Proper legal response can prevent cancellation entirely.

How serious is a Section 501 character cancellation?

Very serious. Section 501 applies to criminal convictions (12+ months prison), domestic violence, or community risk. It often means permanent exclusion from Australia. But we've won cases by proving rehabilitation, family ties, and children's best interests.

I received a NOICC letter - what should I do?

Act immediately. NOICC gives you just 7 days to explain why your visa shouldn't be cancelled. Don't write emotional pleas - you need proper legal submissions addressing each concern with evidence. This is often your only chance to save your visa.

Can I keep working while my appeal is pending?

Usually yes if you had work rights before. Your Bridging Visa A maintains previous conditions, but check your grant letter carefully. If you need work rights due to hardship, we can apply to add them. Never work illegally - it ruins your appeal.

What happens if I miss the appeal deadline?

You lose appeal rights forever. No extensions for any reason - not illness, not family emergencies. Only options are expensive Federal Court proceedings (if legal error exists) or leaving Australia. This is why immediate action is critical.

How long will my appeal take to be decided?

Partner visas: 2-4 years. Student/work visas: 6-18 months. Character matters: 1-2 years. Bridging visas: sometimes weeks. Protection visas: 3-5 years. Current tribunal delays mean long waits, with no way to expedite except terminal illness.

Can I travel overseas during my appeal?

Technically yes with Bridging Visa B, but we advise against it. If you don't return before BVB expires, your appeal is automatically withdrawn. Many countries won't give tourist visas to people with Australian refusals. Stay in Australia unless absolutely necessary.

What are my options if I lose at the ART?

Federal Court (if legal error exists), Ministerial intervention (exceptional circumstances only), different visa application, or voluntary departure. Sometimes a new visa application makes more sense than continuing to fight. We assess all options based on your circumstances.

Can I add my new baby or spouse to my appeal?

No. Only people included in the original application have appeal rights. You cannot add anyone during appeal - not newborns, not new spouses. Each person gets assessed individually, and one person's issues can affect everyone.

Should I just apply for a different visa instead of appealing?

Sometimes yes, especially with multi-year wait times. But Section 48 bars most onshore applications after refusal. Only partner, protection, and specific visas remain available. We analyze your options considering timeframes, family situation, and success chances.

What documents do I need for my appeal?

Start with your complete refusal/cancellation letter, original application, current visa, passport, and all Department correspondence. For appeals, quality beats quantity - focus on evidence addressing specific refusal reasons. We provide detailed checklists after consultation.

Can you guarantee my appeal will succeed?

No ethical lawyer guarantees immigration outcomes. We guarantee honest assessment, meeting deadlines, professional representation, and fixed fees. Our 67% success rate comes from careful case selection. If we don't think you can win, we'll tell you upfront.

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