Visa Cancelled – Appealed – Tribunal does not have jurisdiction (no can’t even look at the case)?

Ever got your visa cancelled and the Tribunal refused your appeal? Happened a lot apparently

Facts

  • Dude got his partner visa cancelled because he was imprisoned for 20 months (more than 12 months = not good character)
  • Once convicted, the visa got automatically cancelled
  • This guy got an Aussie wife and three young children
  • He got a letter (the letter) from the Department and he got “invited” to make comment as to whether it should not be automatically cancelled
  •  the letter  was sent on 2 Nov 2017 (date here is super important – keep in mind because he screwed up later)
  • He got until 11 Dec 2017 to reply
  • The reply is not received by the Department on time (although dude had done the reply letter but crucially was stupid to not know about the date)
  • Department said “no can do” and he appealed

Appeal Requirement: Jurisdiction

  • REMEMBER this : When visa got automatically cancelled, the letter sent by the Department that this dude received is inviting him to ask the Department to revoke ( take back) the cancellation decision
  • Department didn’t receive a reply ontime so they decide not to revoke ( take back)
  • this dude requested the Tribunal to review the decision from the Department not to revoke cancellation
  • Tribunal said it does not do this – an independent reviewer within the Department does this but too late now, deadline has passed.

Result

  • Nothing the Tribunal can do – there is no jurisdiction

Lesson

  • check your mail, especially after you got out of jail
  • don’t get in jail

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