Visa Appeals – visa refusal – visa cancellation
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)
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.
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.
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.
Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm.
