Review (appeal) the cancellation or refusal of your visa with our help!

These are the benefits of a successful appeal:

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    What are the most common reasons for a visa refusal or cancellation?

    Incorrect Answer/s
    (Section 109 cancellation/PIC 4020 refusal)

    If the Department finds that you have not complied with obligations on your visa towards accuracy and disclosure, they can cancel or refuse your visa.

    General visa refusal – not meeting requirements or lack of evidentiary claims

    The most common refusal reason in our experience.

    Specific cancellation grounds on a temporary visa
    (Section 116)

    There are dozens of legislated reasons as to how a visa can be cancelled on that basis.

    Health based refusals

    Where an applicant has a health issue whether it’s a primary applicant or not (or even a non-migrating family member) this can cause the whole application to fail.

    Character based cancellation or refusal (Section 501)

    If you are convicted of an offence post any visa being granted or have a conviction or have been charged with offences, this can jeopardise what visa you hold as well as your capacity to get another one.

    There are many other types of visa cancellation and visa refusal grounds

    There are many dozens of reasons why a visa is cancelled or refused. Each one, in my experience, requires a different strategy for appealing/reviewing that.

     

    Feel free to ask for a consultation to start as soon as possible with the process!

    Who am I?

    Richard Timpson is an accomplished and specialist immigration lawyer with significant experience in the field. Richard has been working in the legal profession for over 20 years.

     

    Richard’s passion for immigration law began early on in his career and is also an immigrant to this country. After completing his legal studies in Ireland, Richard gained experience working for a variety of law firms. This experience provided him with a broad range of skills and knowledge, which he now uses to help his clients navigate the complex world of immigration law.

    As one of only a few accredited specialists in immigration law in Australia, Richard has helped numerous clients to successfully apply for visas, permanent residency, and citizenship in usually very difficult circumstances. He has worked with clients from a wide range of backgrounds and nationalities, and has a deep and personal understanding of the challenges that immigrants face when trying to navigate the Australian immigration system.

    Richard Timpson is an accomplished and specialist immigration lawyer with significant experience in the field. Richard has been working in the legal profession for over 20 years.

     

    Richard’s passion for immigration law began early on in his career and is also an immigrant to this country. After completing his legal studies in Ireland, Richard gained experience working for a variety of law firms. This experience provided him with a broad range of skills and knowledge, which he now uses to help his clients navigate the complex world of immigration law.

    As one of only a few accredited specialists in immigration law in Australia, Richard has helped numerous clients to successfully apply for visas, permanent residency, and citizenship in usually very difficult circumstances. He has worked with clients from a wide range of backgrounds and nationalities, and has a deep and personal understanding of the challenges that immigrants face when trying to navigate the Australian immigration system.

    Frequently Asked Questions about visa Cancellation and Appeals

    In a lot of cases there is a right to appeal a decision of the Department. Appeals/reviews are considered by an independent body known as the Administrative Appeal Tribunal (AAT). It is like going to court but, it’s more of an inquisitorial process and there isn’t an opponent from the government there (usually). The AAT has the power to set aside a Departmental decision and a visa cancellation, and this is binding on the Department. So, the point of an appeal is to get the visa you applied for or to keep it.

    Hearings are great because they are an opportunity for you to have your case heard by a person on a face to face basis. Usually, Departamental decision making is just on the papers. If you prepare your case properly and can convince the AAT that you have entitlement, you can get them to decide without a hearing. It’s important though that if you ask them to do this, you are not waiving a right to a hearing. They don’t have to agree and they are able to decide on the papers if you ask them and waive a hearing (we wouldn’t recommend doing this).

    No! I mean yes you must lodge within statutory timeframes but sitting back then and doing nothing is a fatal error. The case needs to be prepared and evidence curated and obtained. If you get to a hearing the AAT might not give you more time to get material.

    It depends on the decision type but it can take a while (aka a few years). If you correctly apply, you can remain in Australia while the review takes place.

    The AAT charges a fee of around $3000. You will usually get half of that back if successful. You can also apply for a fee reduction in the event of financial hardship. Getting professional help to assist in an appeal is recommended as it’s often your last chance to remain or get/keep a visa. Professional fees vary depending on the type of case it is and how much work we might need to do. Once we know more about you, we can give you a quote and have payment plans for any fees that we can consider.

    TESTIMONIALS

    Ready to start your visa appeal?

    Richard Timpson acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.

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