Visa Refusals

Applicants for Australian visas can be refused on a number of different bases. In many cases, the Department will notify you of an intention to consider refusals. If the Department intends to consider refusal on character grounds under s 501(1) of the Migration Act, they are required to give you the chance to address their concerns. Our lawyers have experience acting successfully in the following types of refusal matters (click on list items for examples of decisions we have received):

The time-frames for responding to any letter or Notice given to you by the Department can be different depending on the type of issue you are facing. Contact us as soon as possible so that we can confirm the applicable time-frame with you.

Recent posts about visa refusals

Judicial Review

‘Removed’ does not mean ‘removed’ after all: Moorcroft v Minister for Immigration… [2020] FCA 382

On Monday this week, the Federal Court of Australia handed down a decision allowing our client’s appeal of the FCCA’s and, today, we were notified that our client has been granted a Special Category (subclass 444) Visa, ending an over two-year ordeal for our client (who ended up spending over six months in immigration detention as a result). Below is the evidence (if you don’t believe us).

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Administrative Appeals Tribunal

Power and discretion: understanding administrative decisions in the migration law context

Just because the Minister responsible for administering the Migration Act 1958 has the power to cancel a non-citizen’s visa doesn’t mean that the Minister (or their delegate) will cancel that person’s visa. One of the common misconceptions about visa cancellation law in Australia is that the Minister will always cancel a visa if they have the power to do so. This is generally not the case.

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NZ Citizens

Definitely, maybe: does cancellation under s 116 only result in a temporary exclusion from Australia?

We’ve previously written about the permanent exclusion that results from cancellation under s 501 of the Act. But what about people cancelled under s 116(1)(e) of the Migration Act? Are they excluded from Australia and, if, so, for how long? It is commonly stated that cancellation under s 116(1)(e) of the Migration Act only results in a three year exclusion from Australia. However that answer, while easy, is not necessary accurate.

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Non-refusal decision under s 501(1)
AAT - Non-refusal decision

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