Immigration Law Legal Hotline Victoria

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

If you are in the community in Victoria, you generally have 28 days after the day you are notified of the decision to lodge a merits review application with the Administrative Review Tribunal (ART). If you are in immigration detention when you are notified — including at Maribyrnong in Melbourne — you have 14 days. For a character decision under section 501, or a refusal to revoke a mandatory cancellation, a person in the migration zone has only 9 days. The Tribunal cannot extend any of these deadlines, and missing one means the ART loses jurisdiction to review your case entirely. Check your decision letter for the exact timeframe stated, and call 1800 951 176 immediately to confirm your deadline and get help lodging on time.

Can I work in Victoria while my visa application is being processed?

Whether you can work in Victoria depends on the conditions attached to your current visa or bridging visa. Bridging Visa A (BVA) and Bridging Visa B (BVB) holders often have work rights, but these are not automatic — they depend on whether you had work rights on your previous substantive visa. Working without work rights is a visa condition breach under the Migration Act 1958 (Cth) and can lead to cancellation. Check your visa conditions on the VEVO system (Visa Entitlement Verification Online) or call 1800 951 176 for immediate advice on your specific situation.

I am in immigration detention at Maribyrnong — what are my rights?

You have the right to legal advice, the right to contact a lawyer, and the right to challenge your detention through the courts. People held at Maribyrnong Immigration Residential Housing in Melbourne can access legal assistance through Refugee Legal and the Immigration Advice and Rights Centre (IARC), both of which provide duty lawyer services. You can also apply to the Federal Circuit and Family Court of Australia in Melbourne for a writ of habeas corpus to challenge the lawfulness of your detention. Ask detention centre staff to connect you with legal support, or have a family member call 1800 951 176 immediately on your behalf.

My partner visa was refused in Victoria — can I appeal and stay in Australia?

Yes, you can apply for merits review of a partner visa refusal at the Administrative Review Tribunal (ART) within 28 days after the day you are notified of the decision, and lodging a review application typically triggers a Bridging Visa A that allows you to remain lawfully in Australia while your review is pending. The ART will conduct a fresh assessment of all evidence, meaning you can provide additional proof of your genuine relationship. Strong evidence — shared finances, cohabitation records, statutory declarations from people who know you as a couple — significantly improves outcomes. Call 1800 951 176 to get advice on building the strongest possible review application.

I received a Notice of Intention to Consider Cancellation (NOICC) — what should I do?

Respond to it immediately and do not ignore it. A NOICC is the Department of Home Affairs notifying you that they are considering cancelling your visa and giving you the opportunity to provide reasons why they should not. This is your best chance to prevent cancellation before it happens. The response deadline is stated in the letter — typically 28 days but sometimes less. Your response should address the specific grounds for proposed cancellation with supporting evidence and legal submissions. This is a critical document requiring legal expertise. Call 1800 951 176 as soon as you receive a NOICC.

How does a Victorian criminal conviction affect my visa?

A criminal conviction in Victoria — whether from the Magistrates Court, County Court, or Supreme Court — can trigger a character assessment under section 501 of the Migration Act 1958 (Cth). If you are sentenced to 12 months or more imprisonment (including aggregate or cumulative sentences), you are subject to mandatory visa cancellation and a presumption against revocation. Even shorter sentences and certain offences — particularly sexual offences, violent offences, or drug offences — can trigger discretionary cancellation. Importantly, Victorian spent conviction laws under the Spent Convictions Act 2021 (Vic) do not apply to federal immigration character assessments. Call 1800 951 176 for urgent advice if you have any Victorian convictions.

I am a victim of domestic violence in Victoria on a temporary visa — what can I do?

You have specific rights under Australian immigration law even on a temporary visa. The Family Violence provisions in the Migration Regulations 1994 (Cth) allow certain temporary visa holders — particularly those on partner visas — to apply for permanent residence independently if their relationship breaks down due to family violence. You do not need your sponsor's cooperation or support. Victoria Police takes family violence reports seriously, and Victoria's family violence system — including the Orange Door — can provide documentation supporting your immigration application. You can access Family Violence Leave and support services while your visa matter is resolved. Call 1800 951 176 confidentially for advice on protecting both your safety and your visa status.

I am on a student visa in Victoria and my university has reported me — what happens next?

If your Victorian education provider has reported you to the Department of Home Affairs for non-compliance with student visa conditions — typically for attendance below 80% or unsatisfactory academic progress — you may receive a notice of intention to cancel your student visa under section 116 of the Migration Act 1958 (Cth). You will generally have an opportunity to respond with evidence of extenuating circumstances (illness, family crisis, mental health issues with medical documentation). Acting quickly is essential — a response submitted before cancellation occurs is far more effective than an ART review after cancellation. Call 1800 951 176 immediately to prepare your response.

Can I apply for a Victoria state-nominated skilled visa and what are the eligibility requirements?

Victoria's state-nominated skilled visas — the Subclass 190 (Skilled Nominated) and Subclass 491 (Skilled Work Regional Provisional) — are administered by the Department of Jobs, Skills, Industry and Regions (DJSIR) through the Victoria Skilled Migration Program. Eligibility depends on your occupation appearing on Victoria's current nominated occupation list, your skills assessment from the relevant assessing authority, your points score (minimum 65 points for the federal SkillSelect pool, with state nomination providing an additional 5–15 points), and Victoria's specific requirements at the time of invitation. DJSIR issues invitations in periodic rounds and can change requirements with limited notice. Call 1800 951 176 to understand whether your occupation and profile qualify for current Victorian nomination.

What happens if I overstay my visa in Victoria and how do I fix it?

If you overstay your visa in Victoria, you become an unlawful non-citizen under section 14 of the Migration Act 1958 (Cth) and are technically subject to detention and removal. However, a critical 28-day window exists — if you have been unlawful for less than 28 days, you may be able to apply for a Bridging Visa E (BVE) by presenting yourself to the Department of Home Affairs to regularise your status without automatic application bars. After 28 days unlawful, section 48 application bars apply, significantly limiting what you can apply for onshore. Do not travel internationally while unlawful — re-entry will be refused and a re-entry bar applied. Call 1800 951 176 immediately to understand your options based on how long you have been unlawful.