Migration Crisis Management
Receiving a visa refusal or cancellation notice is one of the most stressful experiences a migrant can face. It threatens your livelihood, your family, and your future in Australia.
At Jinova Migration, our Complex Case Division handles the matters that other agents turn away. We provide forensic legal analysis of the Department’s decision and build robust, evidence-backed submissions to overturn refusals and fight cancellations.
Visa Refusals
Visas can be refused for countless reasons: failure to meet the Genuine Temporary Entrant (GTE/GS) test, lack of financial evidence, failing the points test, or simply a misinterpretation of the law by the Case Officer.
When a visa is refused while you are in Australia, your current Bridging Visa will typically expire within 35 days. It is critical that you seek professional advice immediately to understand if you have grounds for an appeal.
Visa Cancellations
The Department of Home Affairs has broad powers to cancel your visa, even if you have lived in Australia for decades.
Section 501: Character Grounds
Under Section 501 of the Migration Act, your visa must be automatically cancelled if you fail the character test (e.g., you are sentenced to 12 months or more in prison). We specialize in lodging revocation requests, proving that your ties to the Australian community outweigh the risk of re-offending.
PIC 4020: Fraud and Bogus Documents
If the Department suspects you have provided false information or bogus documents, they will issue a Public Interest Criterion (PIC) 4020 refusal/cancellation. This imposes a brutal 3-year or 10-year ban on being granted another Australian visa. We assist in arguing that the error was genuine, or that compelling and compassionate circumstances exist to waive the ban.
Administrative Review Tribunal (ART) Appeals
The Administrative Review Tribunal (formerly the AAT) is an independent body that reviews decisions made by the Department. Appealing to the ART is a "merits review"—meaning the Tribunal Member steps into the shoes of the original decision-maker and looks at your case fresh.
Strict Time Limits: You only have a set number of days (usually 21 or 28) to lodge an appeal from the date of refusal. If you miss this deadline, you lose your right to appeal forever. We prepare the hearing strategy, compile the legal submissions, and personally represent you at the Tribunal hearing.
Ministerial Intervention
If your ART appeal is unsuccessful, the final administrative avenue is to appeal directly to the Minister for Immigration. The Minister has personal, non-compellable powers to intervene in your case and grant a visa if they believe it is in the public interest.
These requests are extremely rare and only succeed when the circumstances are exceptionally unique, compassionate, or beneficial to Australia.
