Visa refusal
If your visa has been refused, you can appeal it to AAT within 21 days. Please contact us immediately to discuss your options and to appeal your visa refusal to Administrative Appeals Tribunal (AAT).
Visa cancellation
Before visa cancellation, you will receive a Notice of Intention to Consider Cancellation ( NOICC) letter from the Department of Home Affairs ( DHA ). You need to provide comment within 7 days.
If you have received NOICC , please contact us immediately.
If your visa has been cancelled, you may be able to appeal it to AAT within the timeframe specified in the letter of visa cancellation.
Section 48 bar
There are certain types of visa that you can apply even though your visa has been refused.
Recently 190, 491 and 494 visa has been added to those eligible visas.
Public Interest Criteria ( PIC ) 4020
If you have received a Natural Justice letter from the Department and you have been given 28 days to comment, please contact us to discuss further your strategy.
If you have a ban on your future visa applications for 3 years or 10 years , you should contact us to explore your visa options.
Exclusion period
You may be subject to an exclusion period due to your past visa applications, in that instance you may apply for a visa and provide compelling and compassionate reason to request a waiver of the exclusion period.
No Further Stay waiver
If you have 8503 condition on your visa, we may be able to help you to obtain a waiver from the Department. The processing time to receive a decision of your waiver request is about 28 days.
Work right
You have no work right condition on your visa and you are experiencing financial hardship. If so , we can request work right from the Department. The processing time to receive a decision on your work right request is about 28 days.
Schedule 3 Criteria
Has your visa been expired, or you are holding a bridging visa and you would like to apply for a substantive visa? If that is the case, we may be able to help you to submit your visa application successfully to the Department.
Health waiver
In most visa applications, applicant must meet PIC 4005 – 4007 which is related to the health requirements. If applicants do not meet the health requirements, visa cannot be granted unless a health waiver is available for consideration.
Health waiver is available only for visa applications with PIC 4007 such as 482, 500 and all refugee visas.
Ministerial Intervention
The Minister has the power under the Migration ACT 1958 to replace a decision of merits review of tribunal on applicant’s case with a more favorable decision. The case must meet the Minister’s guidelines. Some types of unique or exceptional circumstances are:
Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident.
Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia.
Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case.