Category

Court
If you have been sentenced to 12 months or more imprisonment, your visa will be cancelled Permanent residence visa cancellation – the Department has the power to cancel a permanent residence visa (click here to learn more about Subclass 155 RRV) for a number of reasons. Permanent residence visa cancellation can be mandatory or “automatic”...
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Giving of fake document or false or misleading information will affect your visa application PIC 4020 false or misleading information or bogus document: PIC 4020 is an integrity Public Interest Criteria or PIC. PIC 4020 is normally a requirement for the grant of most visas. If you or your representative or agent have provided a...
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AAT affirmed visa refusal or visa cancellation – How do I appeal AAT decision? If the Department had refused your visa application or cancelled your visa and you applied to the AAT to review the refusal or cancellation, but the Tribunal affirmed the Department decision to refuse to grant you the visa or cancel your...
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Refugees with criminal history can be refused Protection visa Protection visa & character test – refugees failing character test can be denied a protection visa – the Full Court of Australia (KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108) has overturned BAL19 v Minister for Home Affairs [2019] FCA...
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AAT FCC
Decision-maker has a duty to make inquiries before cancelling or refusing you a visa Visa cancelled visa refused – before the Department or AAT make an adverse decision, they have a duty to conduct a proper assessment and/or a duty to seek information and/or a duty to make obvious inquire about a critical fact that...
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Decision-maker must engage in an active intellectual way with your evidence Appealing visa cancellation & refusal from the AAT to FCC (Federal Circuit Court) arguing that the AAT failed to engage in an active intellectual way with evidence and/or submissions provided. In the case of EGH19 v Minister for Home Affairs [2020] FCA 692, EGH19...
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Subclass 190 NSW Nomination
Bridging visa to allow you to remain in Australia Bridging visa – the purpose of bridging visa is to provide lawful status for you to remain in Australia if you: have made (or intend to make) in Australia applications for substantive visas that have not been finally determined (BVA, BVB, BVC, BVD Subclass 040, BVE...
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If you do not have a visa, you may request the Minister to grant you a visa under s 195A ministerial intervention power. Ministerial intervention power to grant a visa – if you are in Australia and you do not hold a valid visa for whatever reason, you may request the Minister under s 195A...
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ministerial intervention under sections 351, 417, 501J
Lifting Section 46A bar to apply for a visa Section 46A ministerial intervention – if you are an unauthorised maritime arrival or UMA entered Australia by sea without a valid visa, you are barred by s 46A(1) from applying for a visa. However, you may request for ministerial intervention under s 46A(2) to lift the...
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Australian citizenship and character requirements
If you are unable to satisfy the character test, your visa may be cancelled or refused. Visa cancellation on character grounds under section 501(2) – tips on how to avoid visa cancellation. In MIBP v Stretton [2016] FCAFC 11, Griffiths J summarised 5 features of the Minister’s cancellation on character grounds under under s 501(2)...
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