Reviews and Appeals

Have you received a Notice of Intention to Consider Refusal. We're Here to Help.

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If you've received a letter from the Department of Immigration stating that your visa might be refused or cancelled, you have very limited time to respond. Your response must address the issues raised in the letter thoroughly and accurately, considering your current situation and immigration history.

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Failing to respond or submitting insufficient documentation could lead to visa refusal or cancellation, with serious consequences for your future in Australia.

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At Immigration HQ, we specialize in handling these complex and sensitive situations. We can guide you through the process, ensuring your response is well-prepared and supported by the necessary documentation.

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Don't take chances with your future—seek our professional advice immediately. Time is of the essence. Contact us today for assistance:

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Have you received a Notice of Intention to Consider Cancellation. Call us now.

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A Notice of Intention to Consider Cancellation (NOICC) is a formal step taken by the Australian Department of Home Affairs when there are grounds to cancel an existing visa. This process provides the visa holder with an opportunity to respond to allegations or concerns before a final decision is made.

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Common Grounds for a NOICC

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1. Breach of Visa Conditions:

   • Exceeding work limits (e.g., student visa holders working more hours than permitted).

   • Failing to comply with specific conditions, like working for an unauthorized employer (e.g., subclass 482 visa holders working outside their sponsorship agreement).

2. Character Concerns:

   • Criminal activities, convictions, or other behaviors suggesting the visa holder poses a risk to the community.

   • Issues like association with criminal organizations or a failure to pass the "character test."

3. False or Misleading Information:

   • Providing incorrect details or forged documents during the visa application process.

   • Any newly discovered discrepancies that impact the integrity of the visa grant.

4. Health Requirement Failure:

   • Developing a medical condition after visa issuance that imposes significant costs or public health risks.

5. National Security Concerns:

   • Situations where the individual is deemed a threat to Australia's security interests.

6. Change in Circumstances Affecting Visa Eligibility:

   • For instance, a breakdown in a spousal relationship in a partner visa scenario.

   • Withdrawal of employer sponsorship for sponsored visa holders.

 

Responding to a NOICC

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Visa holders are typically given a strict timeframe to provide evidence, explanations, or arguments to challenge the proposed cancellation. This may include legal submissions, documentation, or addressing specific claims made in the NOICC.

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If the visa is canceled, the person may face serious consequences, including detention, removal from Australia, or a ban on re-entry for a certain period. Therefore, seeking migration advice is crucial when responding to a NOICC.

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Are you a Business Sponsor? Have you received a Notice of Intention to Take Action. Contact us today.

 

There are various scenarios where the Department might impose sanctions or penalties on a sponsor.

1. Failure to Satisfy Sponsorship Obligations
   Sponsors must fulfill specific obligations tied to their sponsorship agreements. Non-compliance may lead to penalties.

2. Providing False or Misleading Information
   Submitting inaccurate or deceptive details can trigger sanctions, as it breaches the integrity of the sponsorship process.

3. No Longer Meeting Approval Criteria
   If a sponsor fails to maintain the standards required for approval, their sponsorship status could be at risk.

4. Contravention of the Law
   Violating legal requirements or engaging in unlawful activities can result in penalties, as sponsors are expected to adhere to legal and ethical standards.

 

Would you like further clarification or help drafting a related response? 

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Have you received a Notice of Cancellation?  Would you like to appeal the decision?

 

Appealing a visa refusal or visa cancellation in Australia is indeed a time-sensitive and structured process. We can help you with this process. Here's an outline of the key steps involved and considerations to keep in mind:

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1. Determine Eligibility for Appeal

• Not all visa refusals can be appealed. Whether you can lodge an appeal depends on:

  • The type of visa.

  • The reason for refusal or cancellation.

  • Your location at the time of the decision (onshore or offshore).

• Generally, appeals for decisions made by the Department of Home Affairs can be reviewed by the Administrative Review Tribunal (ART), except in cases involving Ministerial decisions or specific exclusions.

 

2. Understand the Refusal or Cancellation Grounds

• Carefully review the decision record provided by the Department of Home Affairs. It will outline the reasons for the refusal or cancellation, helping you identify the aspects to challenge.

 

3. Check Timeframes

• Time limits for lodging an appeal vary but are strict:

  • Character grounds refusal or cancellation: Only 9 days to appeal.

  • Other visa refusals: Typically 21-28 days, depending on the circumstances and visa type.

• Ensure you lodge your appeal before the deadline, as late applications are not accepted.

 

4. Submit an Appeal to the ART

• Lodge your application for review

• Pay the ART application fee, which may vary depending on your visa type (fee reductions may be available for financial hardship).

 

5. Prepare Your Case

• Gather evidence to support your claim.

• We can help to strengthen your appeal.

 

6. Attend a Tribunal Hearing (if required)

• The ART may schedule a hearing where you’ll have the opportunity to present your case.

• We can help you by attending with you.  We can help to prepare you, so you explain why the decision should be overturned and address any concerns raised in the cancellation or refusal notice.

 

7. Wait for a Decision

• The ART will review your application and make a determination. Outcomes may include:

  • Upholding the original decision (refusal remains).

  • Overturning the decision (visa granted or reconsidered by the Department).

 

8. Explore Further Options

• If your appeal is unsuccessful, you may:

  • Seek a judicial review (if legal errors occurred).

  • Apply for a Ministerial Intervention, though this is discretionary and not guaranteed.

 

Important Note:

Seek our professional advice early to ensure you understand your rights and options. Strict deadlines and complex requirements make timely action crucial in visa appeals.

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Contact us today on 0421399697 or book a free consultation urgently

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