Visa Cancellations

When you have been notified that your visa has been cancelled and you are not prepared to accept it, we are an immigration law firm like no other. We provide you clear options and legal representation. We are proud to open Australia for you.
We are here for when it matters most. 

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​If you are in Australia and your visa has been cancelled, (if you are not in prison or in immigration detention already), you are now an unlawful non-citizen, liable to be placed in immigration detention and deported. You may also be prevented from returning to Australia.  
If you have received notification that you visa has been cancelled or is being considered to be cancelled, you will need legal representation.

The Department of Home Affairs will either send you:

• A Notice of Intention to Consider Cancellation (NOICC); or
• A Notice of Cancellation

What type of notification you will receive will depend on what cancellation power is used, which will depend on your personal circumstances.

If you have received a Notice of Intention to Consider Cancellation you must act immediately. You will have an opportunity to reply to the notice and to set out submissions for why your visa should not be cancelled. There is a strict time limit to reply. Contact Visa & Citizenship Lawyers to assess your matter and to assist you with the submissions.

Your visa may be automatically cancelled. 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 (reversed).

If your visa is cancelled, you may be able to have the decision reviewed at the Administrative Appeals Tribunal (the Tribunal) or in the Court. Visa Citizenship Lawyers represent clients at the Tribunal, the Federal Circuit Court and the Federal Court of Australia.

Not all cancellation decisions are reviewable at the Tribunal. The benefits of having your matter heard at the Tribunal include:

• A Tribunal review hearing is essentially a second chance. The Tribunal will consider all evidence again in addition to any new evidence that you are able to produce.
• A hearing at the Tribunal may take many months to be heard. This can have the benefit of giving you time to compile further evidence.

What Visa & Citizenship Lawyers will do for You
Once engaged by you, Visa & Citizenship Lawyers will:

• Assess the visa cancellation and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and will guide you during the waiting time for the Tribunal review with making and collecting your evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge them with the Tribunal;
• Attend the Tribunal hearing with you and help present your case to the Tribunal;
• Draft further detailed Submissions if necessary, before the Tribunal Member has made their decision.

Example*
Martin is a New Zealand citizen who has been in Australia with his family since he was 4 years old. Martin is now 38 years old, has 3 Australian citizen children and lives in Melbourne. Martin was found guilty of a criminal offence and was sentenced to 12 months in prison. Martin received notification from the Department while he was in prison that his visa was cancelled and that after his time in prison he would be sent to Immigration Detention before being deported to New Zealand. Martin has not been back to New Zealand since he arrived in Australia when he was 4 years old and he has no close family or friends in New Zealand either.
Martin contacts Visa & Citizenship Lawyers for help to remain in Australia with his family. Visa & Citizenship Lawyers draft submissions as to why the decision to cancel Martin’s visa should be revoked (reversed). The Minister considers the submissions and decides to revoke (reverse) the mandatory visa cancellation. Martin is released from prison and is able to remain in Sydney with his family. 
*(Facts are fictitious for the purpose of being an example)

If your visa has been cancelled and the Minister has decided not to revoke the cancellation decision, then you may be able to appeal your matter in Court if there has been jurisdictional error in the Minister’s reasons. Visa & Citizenship Lawyers will represent you at Court.