The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions under Commonwealth laws.

Highlights

• A decision to refuse or cancel your visa may be reviewed by the AAT.
• Decisions are reviewed “on the merits”, which means that the Tribunal will take a fresh look at the application, relevant law and policy and will make their own decision.
• The AAT have the power to affirm a decision, vary a decision, set aside and substitute a new decision or remit a decision to the decision-maker for reconsideration.
• Decisions that may be reviewed by the ATT include refusal or cancelation of visas where prescribed circumstances apply. Not all decisions are reviewable by the ATT, for example a decision to which the Minister has issued a conclusive certificate.

If your visa application has been refused or your visa has been cancelled and you would like to know whether this decision can be reviewed by the Administrative Appeals Tribunal, please contact us for a comprehensive assessment of your circumstances.

A Notice of Intention to Consider Cancellation (NOICC) is the Department’s instrument to provide visa holders with an opportunity to present arguments in relation to their case to prevent visa cancellation.

Highlights

• A Notice of Intention to Consider Cancellation will include:
  – Details of the nature of alleges activities.
  – Evidence(s) or information held by the Department.
  – An invitation to comment and present arguments and evidences to support your case.
  – The time limit and method of response.
• Your response to the NOICC is your opportunity to tell the Department the reasons why your visa should not be cancelled and why you should be allowed to stay in Australia.
• The Department uses Ministerial Direction No.65 when assessing your response to the Notice of Intention to Consider Cancellation.
• You should aim to provide enough and convincing arguments in your response to a NOICC.

If you have received a Notice of Intention to Consider Cancellation of your visa, you may like to discuss your options with us, please contact us for a comprehensive assessment of your circumstances.