What to do if you receive a visa cancellation?
Get the client in as soon as possible due to Visa Cancellation
It is necessary to have access to the following documents:
- Notice of Intention to Consider Cancellation (NOICC);
- Response to NOICC;
- Notice of Cancellation (NOC).
It is necessary to record deadlines in relation to:
- Administrative Appeal Tribunal (AAT) review application (strict time limitations);
- visa expiry (immediate).
Lodge a review application with the correct division of the AAT (General or M & R D) with the correct application fee (preferably online).
As soon as the review application has been lodged, it is necessary to lodge a Bridging Visa E (BVE) application.
It is necessary to note that all the other substantive visas and Bridging Visas the client holds will get cancelled.
In case of cancellations on character grounds, all the other pending applications other than Protection Visa applications will be deemed finalised.
Do FOI with DIBP and AAT
- Send a request to the previous Migration Agent/Immigration Lawyer to obtain all the documents they hold on behalf of their client (if the primary application was lodged by a Migration Agent or an Immigration Lawyer).
- Once all the documents from the AAT, DIBP, Previous Migration Agent/Immigration lawyer have been received, review all the documents.
- Discuss the matter with the client, take further instructions and request further documents, if necessary.
- Commence drafting submissions well ahead of the hearing invitation.
- (In case the review application goes to the General Division, the procedure is different.)
- Finalise the first draft and send that across to the client for review.
- Once all the necessary changes have been made, finalise the submission and send that to the AAT with all the attachments.
- As soon as the hearing invitation has been received, get the client in and take the client through the submission.
- Discuss any potential issues the member might dig into. Prepare the client for the hearing.
- It is advisable to ask the client to come to the office prior to the hearing (if possible) and proceed to the Tribunal with the client.
- Be thorough with the content of the submission. Be with the client at the hearing and provide any support the client need at the hearing, with the permission of the member.