AAT Appeals

Merits Review by Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal (AAT) conducts independent ‘merits review’ of Visa cancellation or refusal decisions. Decisions are reviewed “on the merits”, meaning that the Tribunal will take a fresh look at the application, relevant law and policy and make their own decision based on the facts.

The Administrative Appeals Tribunal (AAT) has the power to revoke the refusal or cancellation of a visa.

If your visa application has been refused or cancelled, please contact us for a comprehensive assessment of your circumstances to see whether the Administrative Appeals Tribunal (AAT) can review the decision.

Reasons why your visa could be cancelled

Department of Home Affairs can cancel your Temporary/ Permanent visa if you:

• Provided false information on your visa application.
• Are involved in criminal activities (against the law)
• Fail to follow the visa conditions.
• Pay for your sponsorship.
• Are no longer enrolled in a registered course (Student Visa)
• False or misleading information while filling out the passenger card on arriving in Australia
• Importing Objectional goods into Australia without permission. Objectional goods include materials related to drugs, Violence, Cruelty, depicting under-age children incorrectly, and encouraging terrorist acts.

Notice from the Department - Before or After cancellation

Based on the reason for cancellation, your visa can be cancelled with or without prior notice from the department.

• When a visa is cancelled with prior notice, you might receive a Notice of intention to Consider Cancellation (NOICC) before the department cancels your visa. NOICC allows visa holders to present arguments in relation to their case to prevent visa cancellation.
• When a visa is cancelled without notice, the department might straightway cancel the visa and will send a Notice of Cancellation ‘NOC’. NOC provides a chance for ex-visa holders an opportunity to present an argument to revoke/reverse the cancellation.
  

What should you do if you receive a NOICC / NOC?

You should respond to the notice to prevent or revoke the cancellation before the deadline. The time limits to respond could be as tight as 7 business days in some cases. If you fail to respond to the notice within the time limit, your visa might be cancelled or the cancellation cannot be revoked.

If you receive the notice (NOICC or NOC), you would need professional help from us on how to respond to the notice to avoid visa cancellation. Please call us (Phone/Whatsapp: +61 466 986 389) straightaway without delaying further.

What can happen if your visa is cancelled?

Depending on the grounds or reasons for the cancellation

• Without a visa, you would become an unlawful non-citizen and could be taken to the immigration detention Centre.
• You might be removed from Australia and returned to your home country.