More Information

If you are considered not to pass the character test, Immigration has a discretion to cancel or refuse your visa

You must:

  • Make a written submission to Immigration within 28 days after having received a Notice of Intention to Consider Cancellation or Refusal (NOICC/NOICR) motivating why your visa should not be cancelled or refused
  • Within 9 days after having received a notice of cancellation or refusal (that your submission was not successful) apply to the AAT for a Review of the adverse decision



  • If you receive a good decision from either your submission to Immigration or from the AAT, the good decision may still be overturned by the Minister personally
  • When a good decision by Immigration or AAT is overturned by the Minister personally, you are unable to approach the AAT for a review. You only other option then is to approach the court
  • However, in some circumstance the Minister in his/her personal capacity may overturn a decision that is unfavourable to you
  • Sometimes the Minister could refuse or cancel your visa without applying the rules of Natural Justice

When Natural Justice does not apply

  • You may receive a Notice of Cancellation or Refusal cancelling or refusing your visa without any prior warning
  • The Minister in his/her personal capacity will exercise his/her power to cancel or refuse your visa and you will not have any review rights to the AAT, only to the court
  • The Minister must however give you a written notice of the cancellation or refusal decision, giving you 7 days to make a submission as to why the decision to cancel or refuse your visa should be revoked
  • If your revocation submission is unsuccessful you have no review rights to the AAT. Your last option then remains a court application