If the Department of Home Affairs decides that you should no longer remain in Australia, getting your visa cancelled will be one of the worst days of your life. There are a large number of reasons for which DOHA may decide to cancel a person’s visa. This is a vast and complex topic. We will broadly cover the common grounds for cancellation as well as discuss what happens when these grounds for cancellation are discovered in relation to a visa holder.
If your visa is cancelled while you are in Australia, you will automatically become an unlawful noncitizen and be issued a Bridging Visa E. This means that you will face an automatic three-year ban to re-enter Australia for nearly all temporary residency visa applications.
What are the grounds for visa cancellation?
A number of reasons exist for cancelling an Australian visa, including:
Giving false or misleading information on your visa application
Giving false information on your visa application.
If you think your visa was granted based on incorrect information, such as a relationship breakdown in partner visas
If you do not pass the character requirements, your application will be rejected on those grounds.
If you fail to comply with the conditions on your visa, such as ceasing work for more than 60 days on an employer-sponsored visa or working more than the permitted 40 hours per fortnight on a student visa, your visa may be cancelled.
You are holding a temporary visa based on a relationship with the primary visa holder, but that relationship has ended.
If you pose a risk to the health, safety or good order of the Australian community, the Minister or Delegate can cancel your visa.
If the primary visa holder has their visa cancelled and you are the secondary visa holder, then your visa will also be cancelled.
If you are involved in paying for visa sponsorship, for example if an employer has asked you to pay money for them to sponsor you, your visa could be cancelled.
If you break Australian biosecurity laws, for example if you smuggle hazardous materials into the country, then your visa can be cancelled.
What is the visa cancellation process?
If the Department of Home Affairs is considering cancelling your visa, departmental officers will send you a Notice of Intention to Consider Cancellation and give you an opportunity to respond. This notice warns that your visa may be cancelled with written reasons, and you will have a deadline by which to provide your response.
If the Department accepts your response, then your visa will not be cancelled, and you continue to hold a valid visa. The Department’s acceptance of your response will be dependent on how convincing you are that cancelling your visa would be unjustified.
If the Department of Immigration and Citizenship (the Department) does not accept your response or you fail to provide a response, then a Notice of Cancellation will be sent to you and your visa will cease.
What are your options if your visa is cancelled?
If you receive a letter from the Department of Immigration and Citizenship cancelling your visa while you are in Australia, you may be able to apply for an appeal with the Administrative Appeals Tribunal (AAT). There are time limits for making an application for appeal to the AAT, so it is important that you act quickly after receiving a copy of a Notice of Cancellation. If you miss the deadline to apply for an appeal with the AAT, you may lose your opportunity to have the decision reviewed as the AAT do not have the power to extend the deadline to make an application.
If the AAT affirms the decision to cancel your visa, you can apply to the Federal Circuit Court for judicial review of their decision. You will need to prove that an error was made in the process by which they reached their conclusion.
We know that receiving a Notice of Intention to Consider Cancellation or Notice of Cancellation can be upsetting. Our immigration lawyers can help you respond to a notice and apply for revocation or appeal the cancellation in time to meet the strict time limits.
Do you need help?
Our team of friendly and experienced Migration Agents looks forward to helping you respond to a NOICC or an application for revocation or appeal to the Administrative Appeals Tribunal or the Federal Circuit Court.
If you require further information regarding your Australian visa options you can contact us through: 03 9092 1688
