Skip to content

AR LAW Services  |  Lawyers & Consultants  |  Masters of Australian Migration and Visa Law

Home » Update on Visa Appeals – visa refusal – visa cancellation – Best & most Ethical visa advice -The Administrative Review Tribunal (ART)

Update on Visa Appeals – visa refusal – visa cancellation – Best & most Ethical visa advice -The Administrative Review Tribunal (ART)

Update on Visa Appeals – visa refusal – visa cancellation – Best & most Ethical visa advice -The Administrative Review Tribunal (ART)

For more than 25 years AR LAW SERVICES: Master Migration Lawyers have been winning difficult visa Cancellation case – at department level and at Appeal – (Tribunal and Federal Courts)

UPDATE:

The Administrative Review Tribunal Act 2024 (ART Act) was passed in both houses, marking the establishment of a new Administrative Review Tribunal. From 14 October 2024, the ART will replace the Administrative Appeals Tribunal (AAT). The ART Act provides a comprehensive framework for the ART to improve the experience of those seeking review of government decisions and ensure that reviews are conducted effectively, efficiently and fairly (s9).

Here are the key fundamental changes that will take place from 14 October 2024.

The ART is to be an independent mechanism of review that:

  • is fair and just

  • ensures that applications for review are resolved as quickly, and with as little formality and expense, as a proper consideration of matters before the Tribunal permits is accessible and responsive to the diverse needs of parties to proceedings

  • improves the transparency and quality of government decision-making, and

  • promotes public trust and confidence in the [ART].

Timelines:

  • Standardisation of timeframes: the replacement of ‘working days’ with ‘days’ simplifies the calculation of deadlines, particularly for individuals in immigration detention. This change aims to eliminate confusion and ensure a more straightforward application of time limits. 
  • Remittance powers: the ART now has the authority to remit visa nomination-related matters back to the Department with specific orders, expediting decisions and reducing delays in the review process. 
  • Abolition of the Immigration Assessment Authority (IAA): the IAA, which previously handled fast-track reviews of certain protection visa decisions, will be abolished, with its functions integrated into the ART. This change is designed to create a more streamlined process.  

Fees

Under the ART, most of the AAT’s fee structures remain in place, though key changes have been made to reduce financial burdens on applicants. 

  • Fee reduction for financial hardship: the threshold for reducing review fees by 50% has been lowered from ‘severe financial hardship’ to ‘financial hardship.’ This aligns with ART’s broader goal of making the review process more accessible. 
  • Protection visa review fees: applicants seeking a review of a protection visa decision must pay the required fee within a 7-day window after being notified of the decision by the ART. However, if the ART remits the matter back to the Department, no fee will be required, consistent with existing IAA provisions. 

If you or anyone you know has an appeal before the ART – or had a visa application rejected or refused or a visa cancelled talk to us

Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

Cases Won

A common issue is S116 Cancellation for breaching visa Conditions  AAT Case – Won By AR LAW SERVICES  – Student visa Cancellation.

A student contacted us because her Australian Student visa had been cancelled. The power used by the immigration department was s116. (Section 116 of the Migration Act notoriously difficult cases and extremely complex to argue)This was a very difficult case consequently it was fortunately referred it to our legal team – ABG Legal – ABG legal is headed by AR LAW Services: Master Migration Lawyers.

Please watch our short film on appeals from the AAT or IAA soon to be the ART to the Federal Circuit Court or Ministerial Intervention.

Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm.

Visa Appeals – visa refusal – visa cancellation -Best & most Ethical options

Appeal – Nuts and Bolts: Visa Appeals – visa refusal – visa cancellation -Best & most Ethical options

Common reasons for Visa refusals:

  • Character issues
  • False or misleading information
  • Genuineness of relationships for Partner visas

Partner Visas

  • Genuine position for work sponsorship’s
  • English language ability
  • Breach of previous visa conditions

Only certain decisions can be reviewed in accordance with Part 5 of the Migration Act 1958.

Options if your visa is refused?  

It can be very distressing to receive a visa refusal decision.  Read the decision carefully:

  • Reasons for the visa refusal
  • Do you have the right to appeal your decision (some visa refusals cannot be appealed)
  • TIME  – it is very important you act in the timeframe available to lodge the appeal
  • Right Body to file appeal to

If you receive a visa refusal you generally have 2 options:

Appeal the visa refusal decision to a tribunal or relevant court

Visa appeals are most commonly lodged with the Administrative Appeals Tribunal (AAT). 

Some visa refusal decisions are appealed to the courts instead. For example, when the Minister for Immigration personally decides to refuse a visa based on character grounds.

NOTE WELL – AR LAW SERVICES: Master Migration Lawyers – are specialist Crimmigration Lawyers and are one of Australia’s Leading Character and section 501 appeal law firms.

It is important to receive immigration advice from a lawyer before lodging your visa appeal 

s501 – New Direction 110 – visa & citizenship cancellation or refusal – bad character – Criminal history – specialist crimmigration lawyers

Apply for a new visa

In some circumstances the best action to take is to apply for a new visa. This may be the case if your visa appeal will not win or if it will be quicker or cheaper to lodge a new visa application. To apply for a new visa you need to meet the requirements of that visa and not be subject to any visa bars.

Our migration lawyers are able to advise you on the best migration strategy based on your circumstances if you have received a visa refusal. It is also important to act quickly, as there are strict deadlines for appealing a visa refusal.

Most Australian visa refusals decisions have the right to be appealed. If you have had a visa refused in Australia, you may be eligible to appeal the visa refusal to a tribunal or a court. Some visas do not have a right of appeal if they were lodged offshore and there is no sponsor in Australia.

You should read your visa refusal notice carefully because each decision is different. This letter should advise:

  • If you have the right to appeal your decision
  • The timeframe available to lodge the appeal
  • The relevant appeal body your appeal should be directed to

Requirements for a visa refusal appeal?

To appeal a visa refusal decision you must:

  • Have received a visa refusal decision (this should be attached to your appeal application)
  • Lodge the appeal paperwork with the relevant appeal body (generally online or in person, however, the IAA does not require an application)
  • Lodge the appeal paperwork within the relevant deadline
  • Pay the relevant appeals fee (some appeals are free or have the option of having the fee reduced or waived)

Most commonly you will lodge a visa refusal appeal with the Administrative Appeals Tribunal (AAT).

Australian visa refusal appeals are most commonly lodged with the Administrative Appeals Tribunal (AAT), however, in some cases you may need to appeal to the Immigration Assessment Authority, the Federal Circuit Court, the Federal Court of Australia and in some cases with the High Court of Australia. You should read your visa refusal notice carefully to understand which appeal body is relevant in your case.

Section 48

In some circumstances you can apply again for another visa after you have received a visa refusal. To apply for a new visa you need to meet the requirements of that visa and not be subject to any visa bars. In some cases you may need to leave Australia to lodge the new visa application.

We recommend that you obtain migration advice before lodging any further visa applications to ensure you are eligible.

 

The case, as often happens, was made more problematic due to the bad advice and incompetent work of a migration agent. (Often students would be better off doing there own applications than risking the visa application with a cheap and poorly trained migration agent.)

Lucky for the student Mr Robinson BA. LLB. GLCP. LLM. SF.VISA – Master Migration lawyer of AR LAW Services. Master Migration Lawyers was able to do remedial work and convince the AAT to “reverse” the departments decision and “remit” the matter for reconsideration.

That is she won!

So if you or someone you know has had their visa cancelled or have received notice from the department the visa is about to be cancelled pursuant to section 116 or any other grounds talk to us.

(for more about cancelled or refused visa go to  AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in AAT and Federal Circuit Court appeals including GTE, PIC 4020 Bogus Document, health and character matters and s501 cases, these are extremely complex and specialist area of Australian immigration law and that is where a Master Migration Law with over 20 years experience may give you the edge you need. In these uncertain times of ever changing laws you can depend on us!

AR LAW SERVICES. The Smarter, Tougher, Better Immigration Lawyers.

We will fight for you.

Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

Nuts and Bolts – Section 116 of the Migration Act (‘the Act’)

The Minister is afforded general powers to cancel visas under Section 116 of the Migration Act (‘the Act’) where certain circumstances exist. Two (2) common grounds for S116 cancellation include the following:

● You have not complied with a condition(s) imposed upon your visa

● The grounds under which your visa was granted no longer exist. If the Department of Home Affairs intends to exercise its discretion to cancel an Australian visa under section 116, the Minister must first issue a Notice of Intention to Consider Cancellation (NOICC). Upon receipt of the NOICC you are given the opportunity to present arguments and submissions in support of your matter, explaining why your visa should not be cancelled. Failure to respond to a NOICC will likely result in the visa cancellation regardless. Under s116(1)(fa) of the Act, the Minister may issue a NOICC where he considers the Student Visa holder will not be a genuine student. We note that Students Visa Holders who receive a s116 NOICC after 13 April 2013 are not subject to mandatory cancellation. The power to cancel the Student Visa is, therefore, discretionary in nature. Grounds for cancelling a Student Visa can include the visa holder breaching the following conditions: ● Condition 8104 – must not engage in work for more than 40 hours per fortnight (unless exemptions apply).

● Condition 8105 – must not engage in any work in Australia before commencement of the course of study.

● Condition 8202(2) – must be enrolled in a full-time, registered course of study Failure to adhere to these conditions may result in your visa being cancelled under s116 of the Migration Act 1958 (‘the Act’).

In addition to the above, s116(e) also gives the Minister the power to cancel visas where the presence of the Student Visa Holder in Australia is – or may be, or would or might be, a risk to: ● the health, safety or good order of the Australian community or a segment of the Australian community; or● the health or safety of an individual or individuals.

An NOICC under s116(e) may be issued if you have been convicted for driving offences, being the subject of an aggravated violence order (AVO) as well as many other character issues.

It is important to stress that under s116 of the Act, the Minister can issue an NOICC and subsequently cancel a Student Visa where exists sufficient evidence that the Student Visa Holder may, would or might be a risk. In other words, the cancellation can be enacted if the probability of you offending is considered serious by the Minister.

Despite the above, if the Department of Home Affairs decides to cancel your Student Visa, you may have the right to review this decision with the Administrative Appeals Tribunal (AAT) provided you apply for review within the statutory time frames and pay the review application fee.

You may wish to read of other AAT cases:
So if you or anyone you know need legal assistance regarding the rejection of an Australian visa or  visa application or appeal to the AAT or Federal Court matter talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.
Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
https://www.arlaw.com.au/leading-litigation-lawyers-ar-law-services-wins-250000-for-client-justice-for-victims-of-dodgy-negligent-incompetent-bad-migration-agent-missed-deadline-consumer-affairs-law-do-you-feel-ch/
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)