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Did you or your loved one just receive a visa cancellation notification?
Receiving a visa cancellation notification can be stressful. Moreover, if you are in Australia and your visa has been cancelled, you are an unlawful non-citizen, liable to be placed in immigration detention and deported. You may also be prevented from returning to Australia.
When you have been notified that your visa has been cancelled, and you are not prepared to accept it, we are here to help. A visa cancellation may not necessarily mean the end of the road for your future in Australia.
To maximise your chances of avoiding a visa cancellation, it is crucial to get sound legal advice from experienced immigration advisors.
We are experienced immigration lawyers who can advise you on your options and what you can do to improve your chances of a successful outcome. We have
a wealth of experience in dealing with refusals and cancellations and will be working with you to take the necessary steps to ensure that your next steps are successful.
The 5 most common reasons for visa cancellations include the following:
Your visa will not cease to be in effect if you fail to comply with a condition imposed on your visa. However, a breach of a visa condition makes your visa liable for cancellation.
Most temporary visas have a requirement that the applicant has complied substantially with the conditions attached to the substantive visa held and any intervening bridging visa held by the applicant.
The term ‘complied substantially’ is not defined in the migration regulations, however, in assessing whether you have ‘complied substantially’ with a visa condition, the Department of Home Affairs will consider whether you have complied with conditions attached to your last held substantive visa as well as any bridging visa.
If the Department of Home Affairs is satisfied that you have not complied with a condition imposed on your visa, your visa may be cancelled.
Do you think that the visa cancellation notification from the Department of Home Affairs is unacceptable? The friendly team at Visa & Citizenship Lawyers can assist you by determining your options.
Do not leave responding to the visa cancellation decision to the last minute – book a consultation to speak with an experienced immigration lawyer today.
While on a student visa, you must continue to be enrolled in a registered course.
The Department of Home Affairs may cancel your student visa if:
Furthermore, your student visa may be subject to cancellation if your education provider has deferred or suspended your study for any of the following reasons:
Has your student visa been cancelled? Contact our friendly and experienced team at Visa & Citizenship Lawyers to get the right assistance with your options from here.
To visit or live in Australia, you must be of a good character. This means that you must pass the character test and continue to remain of good character.
You will not pass the character test if:
*What is a ‘substantial criminal record’?
In relation to the ‘character test’ mentioned above, under section 501(7) of the Migration Act 1958, a person is considered to have a ‘substantial criminal record’ if they have been:
Failure to meet the character test may result in the cancellation of your visa.
Have you received a notice of intended cancellation or a cancellation notice for not satisfying the character test? This may not be the end of your journey to Australia. But you will need to act fast. Contact our experienced immigration lawyers today to understand your available options and get the right assistance with your visa application.
Your visa might be cancelled if it is found that you paid for your visa sponsorship.
More specifically, your visa may be cancelled if:
If you are found to be complicit in paying for a sponsorship, the Department of Home Affairs may pursue civil penalties and/or visa cancellation.
A finding against a sponsor who has engaged in receiving a benefit for a sponsorship may have a detrimental effect on future sponsorship and nomination applications made by that sponsor, or any visas the primary sponsored person intends to apply.
Your future applications will be assessed in the light of your involvement in any such action.
Following situations are some examples of scenarios prohibited under the law:
Are you unwilling to accept the visa cancellation decision from the Department of Home Affairs based on the allegations that there was a ‘payment of sponsorship’ involved in your matter? Contact our experienced immigration lawyers today to understand your visa cancellation decision, and your options from here.
If you do not declare certain food, plant material and animal items from overseas, then the Minister has the power to cancel certain visas in immigration clearance.
Your visa may be cancelled if you:
Your visa may also be cancelled if you import to Australia objectionable goods without permission. This may include objects that describe, depict, express or otherwise deal with matters such as sex, drug misuse or addiction, crime, cruelty and violence.
Has your visa been cancelled due to biosecurity contraventions? We are here to help you. Contact our experienced team of immigration lawyers today for answer and your available options. Do not leave responding to a cancellation decision to the last minute – this may have significant consequences for you.
The Department of Home Affairs will Contact You
If the Department of Home Affairs believe that you satisfy any of the reasons for visa cancellation, they will either send you:
The type of notification you receive will depend on what cancellation power is being used, which will depend on your personal circumstances.
Depending on your circumstances, your visa may be automatically cancelled. For instance, the Minister may automatically cancel your visa by using the powers under section 501(3A) of the Migration Act 1958 (Cth), if the Minister is satisfied that you do not meet certain character requirements.
If this is the case, you will receive a Notice of Cancellation.
If you have received a Notice of Cancellation, you may have an opportunity to lodge submissions as to why your visa cancellation should be revoked (or reversed). If your submissions do not convince the Minister, your visa is likely to remain cancelled. There will be a strict time limit to reply.
If you have received a Notice of Intention to Consider Cancellation (NOICC) you must act immediately. You will have an opportunity to reply to the notice and to set out submissions explaining why your visa should not be cancelled. If your submissions do not convince the decision maker, your visa is likely to be cancelled.
There are strict time limits in place to respond to a NOICC.
To learn more about your available options and to get the right assistance with your response to the Department of Home Affairs, contact our friendly and experienced team at Visa & Citizenship Lawyers today.
If you have just received notification that your visa has been cancelled, it is important that you obtain legal advice as soon as possible.
You need to act quickly as there are strict time limits to apply for an appeal. The urgency arises because the longer that you leave it, the less options you will have.
Contact our team for an assessment of your options today.
If the Department of Home Affairs cancels your visa, you may consider applying for an appeal of the decision at the Administrative Appeals Tribunal (Tribunal).
The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what is known as an ‘invalid application’. If it is an invalid application, you will have no review rights at the Tribunal.
A cancellation decision from the Department of Home Affairs can come as an unpleasant surprise. Plus, going to the Tribunal can often be a complex process. We regularly assist clients with their Tribunal review applications, and our friendly and experienced immigration lawyers can help you with appealing your visa cancellation decision to the Tribunal.
We will work with you to assess your visa cancellation decision and inform you of the strengths and weaknesses of your case. We can assist you with explaining
the Tribunal review process, preparing evidence-backed and structured appeal application and submissions.
We will attend the Tribunal hearing with you and present your case before the Tribunal Member. If required, we can assist with drafting further detailed submissions before the Tribunal Member has made their decision.
If you are not ready to accept the visa cancellation decision from the Department of Home Affairs, contact us today to learn more about your available options.
If the Tribunal agrees with the decision of the Department of Home Affairs to cancel your visa, you may be able to appeal to the Federal Court. However, during this appeal, you will need to show that the Tribunal made a ‘jurisdiction error’ in conducting your case, including whether correct legal procedures were followed and whether the law was applied correctly in the assessment by the Tribunal.
If the Federal Court finds that there was a jurisdictional error by the Tribunal, then the Federal Court may send your matter or case back to the decision maker with their finding.
There are strict time limits, and depending on your circumstances, you must file an application with the Federal Court for review within the required time frame.
Do not play with your visa cancellation decision. As this can be a complex process which can be time consuming, it is recommended that you seek legal advice from experienced immigration lawyers before you appeal to the Federal Court.
We can assist you with understanding the Tribunal decision in detail, assessing your situation, and providing you with available options. Based on our
assessment of the strengths and weaknesses of your case, we can guide you through the appeal process to the Federal Court as well as provide professional support in preparing evidence for the Court hearing. We can also assist you with attending the Court hearing and presenting your case before the Court.
If required, we will also help you with applying for a new bridging visa for you so that you can remain lawful in Australia.
Contact our friendly team today to explore your options and next steps.
The experienced and friendly team at Visa & Citizenship Lawyers are here to help you. We will work with you and guide you through the entire process, including assessing your eligibility for other appropriate visas based on your circumstances and assisting you with the visa application process and working with you to address the common reasons of visa cancellations.
Visa & Citizenship Lawyers will:
Time is of essence! Do not leave responding to the visa cancellation decision to the last day.
Contact our team today to explore your available options.
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