Visa Cancelled

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Visa Cancelled

If you are in Australia and your visa has been cancelled, (if you are not in prison or in immigration detention already), you are 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:

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

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

Notice of Intention to Consider Cancellation (NOICC)

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 will be a strict time limit to reply.

Notice of Cancellation

Another possibility is that 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 submissions do not convince the Minister, your visa is likely to remain cancelled. There will be a strict time limit to reply.

Appeal My Cancelled Visa

If your visa has been 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 can be reviewed 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.
• You may be able to apply for a bridging visa to remain lawfully in Australia while you wait for the Tribunal hearing.

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 visa cancellation in Court if there has been jurisdictional error in the Minister’s reasons.

Visa & Citizenship Lawyers will:

• Assess the notice that you have been given and inform you of the strengths and weaknesses of your case and your options;
• Inform you what information will help your case;
• Depending on your options, we will draft and lodge submissions or lodge a review application with the Tribunal or the Court;
• Prepare and lodge whatever is required;
• Represent you at Tribunal or Court.

Example*
Karl is a New Zealand citizen who has been in Australia with his family since he was 4 years old. Karl is now 38 years old, has 3 Australian citizen children and lives in Sydney. Karl was found guilty of a criminal offence and was sentenced to 12 months in prison. Karl 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. Karl 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.
Karl 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 Karl’s visa should be revoked (reversed). The Minister considers the submissions and decides to revoke (reverse) the mandatory visa cancellation. Karl is released from prison and is able to remain in Sydney with his family.

* (Names and facts have been changed to protect the identity of clients)