In Australia, the Immigration Department receives and examines thousands of visa applications each year. Thousands are successful, however, thousands more will be cancelled or rejected. This article will discuss what options are available when your visa is cancelled or rejected.
Generally, your visa will be cancelled in the event of a breach of your visa conditions or Australian laws. In the situation where a person’s visa is cancelled, unless they are a holder of a protection visa, they will become an unlawful non-citizen.
If your visa has been cancelled, you may be able to apply for a new visa within 28 days of the visa cancellation date. This will generally be in the form of a Bridging visa that allows you to temporarily stay in Australia legally.
However, if you are not granted a Bridging visa or if it gets cancelled, then you would be required to leave Australia. This means that if you intend to apply for an Australian visa, you would be required to do so overseas rather than on-shore.
In the event of a visa rejection, you may wish to appeal to the Administrative Appeals Tribunal (the AAT) to review the visa rejection decision. If the AAT makes a decision in your favour, your visa application will usually be re-examined and re-processed by the Immigration Department.
If the AAT accepts the visa officer’s decision to reject your visa application, then you can appeal to the relevant Courts. During the court process, your visa status will remain unchanged from your previous visa status.
Please note that there are time limits that apply when appealing to the AAT. These will generally be noted in the letter of visa rejection provided by the Immigration Department. You will not be able to appeal to the AAT if the time limit passes. In such an event, you will become an unlawful non-citizen, and you will be required to leave Australia.
Obtaining an Australian visa can be a very complicated process. It is recommended that you seek legal advice regarding your visa options. Please feel free to contact one of our immigration lawyers who will be happy to discuss your options.