Immigration Law Legal Hotline Tasmania

My visa was cancelled in Tasmania — how long do I have to appeal?

You have 28 days after the day you are notified of the cancellation decision to apply to the Administrative Review Tribunal (ART) if you are in the community in Tasmania. If you were in immigration detention when you were notified, that deadline shrinks to just 14 days. If the decision was made on character grounds under s501 or s501CA(4) and you are in the migration zone, you have only 9 days. These deadlines are absolute — the Tribunal cannot extend them and has no jurisdiction to accept a late application. Do not wait to seek advice. Call Legal Hotline on 1800 951 176 immediately to confirm your exact deadline and begin your review application.

Can the Tasmanian Government help me with my visa if my nomination is cancelled?

The Tasmanian Government plays a role in the Subclass 190 and Subclass 491 visa programs through the Tasmanian State Nominated Migration Program (SNMP), but it cannot override the Department of Home Affairs. If your state nomination is withdrawn or cancelled, your visa application will generally be refused unless you can secure nomination from another state or territory, or transition to a different visa subclass. You should contact the SNMP office and seek urgent legal advice simultaneously. Call 1800 951 176 to understand your remaining options.

I was convicted at the Magistrates Court of Tasmania — will this affect my visa?

Yes, a criminal conviction in Tasmania — even from the Magistrates Court — can affect your visa under the character provisions of s501 of the Migration Act 1958 (Cth). A single sentence of 12 months or more, an aggregate sentence of two years or more, or certain types of convictions (including domestic violence, sexual offences, or drug trafficking) trigger mandatory or discretionary visa cancellation. Even spent convictions may be considered. Get legal advice immediately if you have been convicted of any offence and you hold a visa. Call 1800 951 176 now.

I am in immigration detention in Tasmania — what are my rights?

You have the right to be told why you are detained, the right to contact a lawyer, and the right to contact your country's consulate. You also have the right to apply for a bridging visa or to seek judicial review in the Federal Circuit and Family Court of Australia. In Tasmania, you may be held at an immigration residential facility or transferred interstate. If your visa was cancelled and you were in immigration detention on the day you were notified, you have only 14 days to apply to the Administrative Review Tribunal (ART) — and only 9 days if it was a character decision under s501 or s501CA(4). The Tribunal cannot extend those deadlines. Contact a lawyer immediately — call Legal Hotline on 1800 951 176 as your first step.

What happens if I stay in Australia after my visa expires — even by one day?

Overstaying your visa in Tasmania by even one day makes you an unlawful non-citizen under the Migration Act 1958 (Cth), which can trigger a three-year re-entry ban if you depart voluntarily or if you are removed. If you remain unlawful for more than 28 days, the ban increases in severity. You will not automatically receive a bridging visa by being unlawful. You must act immediately — contact the Department of Home Affairs or seek legal advice. Call Legal Hotline on 1800 951 176 to understand your options before the situation worsens.

I am on a partner visa in Tasmania and my relationship has broken down — what happens to my visa?

If you are on a temporary Partner (Subclass 820) visa in Tasmania and your relationship ends, your visa may be at risk — but you are not automatically cancelled. If you are a victim of domestic violence, you may be eligible to continue your visa application on family violence grounds under the Migration Regulations 1994 (Cth), regardless of the relationship breakdown. You will need to provide evidence through approved certifiers. This is a complex area of law with strict evidentiary requirements. Call Legal Hotline on 1800 951 176 immediately for advice tailored to your situation.

How does judicial review of an immigration decision work in Tasmania?

Judicial review of immigration decisions in Tasmania is heard in the Federal Circuit and Family Court of Australia (FCFCOA), which has a Hobart registry. Unlike ART merits review, judicial review challenges the legal validity of a decision — not whether it was the right outcome on the facts. Grounds include jurisdictional error, denial of procedural fairness, and errors of law. Strict time limits apply — generally 35 days from the date of the migration decision to file in the FCFCOA — although, unlike the Tribunal deadlines, the court does have power to extend the 35-day period where it is satisfied that this is necessary in the interests of the administration of justice. This is a highly technical area of law. Legal representation is strongly recommended. Call 1800 951 176 for immediate guidance.

Can I work in Tasmania while my visa application or appeal is being processed?

Whether you can work in Tasmania during a pending application depends entirely on the conditions of your bridging visa. Some bridging visas (particularly Bridging Visa A) include work rights automatically; others require a separate application for work entitlement. If you work without authorisation, you risk visa cancellation and potential bars on future applications. Never assume you have work rights — always check your VEVO (Visa Entitlement Verification Online) record or seek legal advice. Call Legal Hotline on 1800 951 176 to confirm your current entitlements.

What happened to the Immigration Assessment Authority and fast-track review?

The Immigration Assessment Authority (IAA) was abolished on 14 October 2024 and fast-track review no longer exists. Protection visa refusals that can be reviewed are now reviewed by the Administrative Review Tribunal (ART), in its Protection jurisdictional area, wherever in Tasmania you live. Decisions the IAA had already made before 14 October 2024 remain valid and final — the Tribunal will not review them again. Cases the IAA had not yet decided on that date transferred automatically to the Tribunal, which wrote to those applicants with a new case reference number; they did not need to re-apply. If you had already lodged an application for judicial review of an IAA decision in a court, that case continues. Some people whose protection visa application had not been decided, or whose refusal is later sent back by a court, may have their new decision referred to the Tribunal by the Minister — get advice about your own case by calling 1800 951 176.

Is there free immigration legal help available in Tasmania other than Legal Hotline?

Yes — Legal Aid Tasmania (phone 1300 366 611) provides limited funded immigration advice and representation, particularly for matters intersecting with family law or for detained persons. The Refugee Legal Service Tasmania offers specialist support for asylum seekers and refugees. Hobart Community Legal Service also provides some immigration advice. However, all of these services have limited capacity, eligibility criteria, and wait times that may not suit an urgent immigration matter. For immediate 24/7 free legal information right now, call Legal Hotline on 1800 951 176 — we are always available.