If you have a serious criminal record or have breached immigration conditions prior to or following an application, you will likely need to explain why the visa should be granted or not cancelled despite those circumstances. In these scenarios, legal submissions should be submitted to call on any discretion available to waive the relevant ‘public interest criteria’.
Review and Appeal
When a nomination or visa is refused or cancelled, the first avenue of appeal is an application to the Administrative Appeals Tribunal for a merits review hearing. In this forum, the original application is reconsidered, and the applicant has an opportunity to present themselves in person before a Tribunal Member.
In limited circumstances, there may be an avenue to apply for judicial review at the Federal Circuit Court. In this forum, a Judge will determine whether a refusal or cancellation was a lawful exercise of an administrative power.
Strict time limits apply following a refusal or cancellation. In these events, do not hesitate to contact us to explore your options.
There is no need to panic if you’ve found yourself with an expired, refused or cancelled visa. It can be a technical process to apply for a bridging visa, or to make changes to an existing one. Sometimes an in-person interview with a border agent is required. We are experienced in securing favourable outcomes in bridging visa applications.