Visa Refusals and Cancellations: Merits Review Options
Applying for a visa can be a complex and time-consuming process, and it can be disheartening if your visa application is refused or canceled. In some cases, you may be able to have the decision reviewed by an independent body. This process is known as "merits review."
A visa refusal occurs when an application for a visa is denied by the Department of Home Affairs. Reasons for visa refusal can include:
The applicant does not meet the visa criteria
The applicant has provided false or misleading information
The applicant is deemed to be a risk to the health, safety or good order of the Australian community
If your visa application has been refused, you may be able to have the decision reviewed by the Administrative Appeals Tribunal (AAT). The AAT will consider your case and determine whether the decision to refuse your visa application was reasonable.
A visa cancellation occurs when a visa that has been granted is subsequently cancelled by the Department of Home Affairs. Reasons for visa cancellation can include:
The visa holder does not meet the visa criteria
The visa holder has provided false or misleading information
The visa holder has failed to comply with visa conditions
The visa holder is deemed to be a risk to the health, safety or good order of the Australian community
If your visa has been cancelled, you may be able to have the decision reviewed by the AAT.
Merits review is the process of having a decision reviewed by an independent body, such as the AAT. This process allows you to have your case reviewed on its merits, which means that the AAT will consider the facts of your case and the law that applies to it, rather than just whether the decision was made in accordance with the correct procedure.
During the merits review process, you will have the opportunity to present evidence and arguments to support your case.
The AAT will make a decision on your case and provide written reasons for their decision. If the AAT decides in your favour, they may remit the decision or set aside the original decision.