Australia has a variety of visas available to any individual which meets the requirements.
Types of visas include:
The rules and regulations governing who is eligible, and what types of visa you may be eligible for, are constantly changing. It is therefore of immense importance that you seek the advice of an experienced immigration lawyer, such as Allen Law, before you apply for a visa.
The Department of Home Affairs has power under the Migration Act 1958 (Cth) to refuse the grant of a visa to an individual for a variety of reasons.
The most common grounds on which the Department of Home Affairs refuses to grant a visa include:
Only certain visa refusals can be the subject of an application for judicial review to the Administrative Review Tribunal in accordance with Part 5 of the Migration Act 1958 (Cth) and are subject to strict time frames for lodgement. If you fail to lodge an application for review within the legislative time frames, your appeal may not be accepted.
Australian migration law is complex and always changing. Your personal circumstances, and thus your eligibility to apply for a particular visa will always be unique to you.
Most visas require you to demonstrate that your health is of sufficient quality, that you do not have certain diseases and that you are not of bad character.
These requirements, can, however, be waived by the Department of Home Affairs or the relevant Minister in certain circumstances.
So whether you are thinking of applying for a visa, have already applied for one, or need advice on a particular aspect of your visa, such as health or character waivers, we can provide you with cost effective migration advice on almost any migration issue.
The Department of Home Affairs can cancel a visa if your circumstances change, if you are charged or convicted of various offences, or for any other reason in accordance with the law, such as providing false or misleading information in your visa application, a breach of, or failure to comply with, the conditions of your visa.
There are three (3) types of cancellations, and they are:
Visas are usually cancelled under the following two (2) sections of the Migration Act 1958 (Cth):
If your visa has been cancelled by the Department of Home Affairs or the relevant Minister, you can appeal that decision.
Appeals against cancellations have strict time frames which must be complied with, including your initial response to the Department or relevant Minister, and any subsequent application to a court or tribunal for a review of that decision, if the decision is not reversed.
The most common method of appealing or reviewing the cancellation or a refusal decision of the Department of Home Affairs or the relevant Minister is to apply for merits review of the decision in Administrative Review Tribunal.
However, if the Administrative Review Tribunal affirms the cancellation or refusal (that is, up holds it), this will likely result in you having to leave, or being removed from, Australia.
Fortunately, you can appeal to the Federal Circuit Court of Australia if the Administrative Review Tribunal has made a ‘jurisdictional error’.
Additionally, certain decisions of the Federal Circuit Court of Australia or when the Minister for Immigration has personally intervened in a decision to cancel or refuse a visa, can also be appealed by applying to the Federal Court of Australia, a superior court of record within the Commonwealth’s court system.
Strategic guidance for your Australian immigration journey
We start by assessing your unique migration circumstances, visa eligibility and long-term immigration goals. This allows us to advise you as to the most appropriate immigration pathway available to you, and the advantages or disadvantages of each option.
We craft a customised immigration plan specific to your situation. So whether its details on visa options, or the process of how to appeal a decision of the Department of Home Affairs, our approach to your immigration matter is unique to you.
Anything to do with immigration to Australia can be stressful. That's why we're always available to answer any queries you may have, and we keep you updated as your matter progresses.
migratio est vitae pars – migration is a part of life
