Australian Immigration Law Visa Termination

Question: Describe about the Australian Immigration Law for Visa Termination. Answer: If Lily wants to make an appeal against the pronouncement of the visa terminations which were made by the DIAC then she has an alternative to apply for an evaluation of the judgment at the Administrative Appeals Tribunal. The times within which she can file her appeal have been mentioned below, as in the Administrative Appeals Tribunal there have been very stringent time limitations. The applicant may apply for the evaluation within 9 days. The time limit of 9 days would be considered from the date the applicant got the notice of the verdict. If the Notice of Visa termination was posted to the applicant then the date which would be considered as notified for the verdict within 7 working days from the date on the notice as specified under section 68A of the Administrative Appeals Tribunal Act, 1975[1]; The applicant then have 9 days from the date the applicant was deemed to have been notified to file their request to the Administrative Appeals Tribunal. Similarly, if the applicant received the notice of Visa Termination by hand, fax or email then the date which was deemed to have been notified of the verdict was the day after it got handed, faxed or emailed to the applicant; The applicant has 9 days from the date he or she was deemed to have been notified to file his or her claim to the Administrative Appeals Tribunal. As per section 48 of the Migration Act, 1958[2] if a person does not hold a substantive visa, then this section would restrict a person from making a further substantive visa claim in the following situations: If since the applicant entered Australia, the applicant have filed a visa claim and this claim has been repudiated by DIAC, other than a rebuttal of a bridging visa or a denial under section 501, 501A or 501B of the Migration Act, 1958[3] for which the non-citizens had applied or; Held a visa that was refused under section 109, 116, 133A, etc. A substantive visa has been defined as any visa that was not the one of the following categories such as bridging visa; criminal justice vise; an enforcement visa. Under section 501E of the Migration Act, 1958[4] some other conditions have been mentioned defining the denial or annulment of visa restriction on applying for other visas. There have been certain exceptions to the claim of the section 48 of the Act. It has been affirmed that even of the applicant had a visa claim refusal or a visa termination, and then a person can still file a valid claim for the following kinds of visas such as partner visa, bridging visa, child visa etc. Therefore, as mentioned above that partner visa sub class 820 as mentioned in schedule 1 of the Migration Regulation Act, 1994[5] can be applied for even if a visa has been canceled previously. So, Lily in this case can file a partner visa even after termination of her visitor visa as per the exception of section 48[6]. Yes, Lily can plea against the discarded verdict of DIBP. Previously, the department which was accountable for hearing a plea against the Department verdict was either Migration Evaluation tribunal or the Refugee evaluation Tribunal depending on the character of the visa claim. But as of 2015, the MRT and the RRT were combined with the Administrative Appeals Tribunal under section 306 of the Migration Act, 1958.[7] Now the plea has been heard by the Migration and Refugee Division of the AAT. As mentioned earlier the time limit for the appeal to be filed for the letter measured was the time limit of 9 days which would be premeditated from the date, the applicant got the notice of the verdict. Similarly, If the Notice of Visa termination was positioned to the applicant then the date which would be measured as informed for the verdict within 7 working days from the date on the notice; The applicant then have 9 days from the date the applicant was deemed to have been notified to lodge their claim to the Administrative Appeals Tribunal. For the claim which has been filed, the standard applicable fee would be $861 if it was paid before 1st July 2016 and $884 if paid or after 1 July 2016. However, if the person meets the concessional requirements, this fee could be abridged to $100. And the present visa claim charge payable to the Department of Immigration and Border Protection was $6865 for a single claim. It has been specifically stated that if a child has been born to the applicant and her partner after she or he have applied for their partner visa then also the child would involuntarily been incorporated in the partner visa claim. However, she should write to the office dispensation to the claim to let them know that the child was been born and incorporated a certified copy of the birth certificate so that the verdict makers know that the child was also integrated in the visa claim. Therefore, it can be stated that the tribunal can consider the new development before making the verdict. Yes, Lily would get the refund of the fees which she paid as it has been clearly mentioned that if a person has paid a fee and the case was resolved in her favor, then the AAT would refund the most of the fee in most of the cases. References: (A) Legislation Administrative Appeals Tribunal Act 1975, Migration Act 1958 (Cth) Migration Regulation Act 1994 (Cth)