What are the grounds for visa cancellation?
There are various grounds on which an Australian visa can be cancelled, including:
- Providing false and misleading information on your visa application
- Providing a bogus document on your visa application
- If your visa was granted based on information that no longer exists, such as relationship breakdown in partner visas
- On character grounds, if you do not pass the character requirements
- 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
- You are holding a temporary visa based on a partner relationship with the primary visa holder when the relationship ceased.
- If your presence in Australia pose a risk to the health, safety or good order of the Australian community, the Minister or Delegate has a discretion to cancel your visa.
- Where you are the secondary visa holder and the primary visa holder’s visa is cancelled, then consequential cancellation will occur.
- If you are involved in paying for visa sponsorship, for example if you paid money for an employer to sponsor you, your work visa could be cancelled.
- If you breach Australian biosecurity laws, for example if you bring hazardous materials into Australia then your Visitor Visa can be cancelled.
What is the visa cancellation process?
If the Department of Home Affairs is considering cancelling your visa, in most cases, you will be sent a Notice of Intention to Consider Cancellation and given the opportunity to respond to the notice. This notice will be a warning that your visa is at risk of cancellation with written reasons, and you will be given a deadline 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 the strength of your submissions as to why your visa should not be cancelled.
If 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 the Department makes a discretionary decision to cancel your visa while you are in Australia, you may be able to appeal the cancellation in the Administrative Appeals Tribunal (AAT). There are time limits for applying for an appeal which can be as short as 9 days and so it is important that you act quickly after you receive 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 may apply to the Federal Circuit Court for judicial review of the AAT’s decision. You must establish that a jurisdictional error had been made.
We understand that receiving a Notice of Intention to Consider Cancellation or Notice of Cancellation can be stressful. If you wish to respond to a notice to consider cancellation, apply for revocation or appeal a visa cancellation to the AAT or Federal Circuit Court, contact us as soon as possible so that we can work together to meet the strict time limits.
Do you need help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you to respond to a NOICC or an application for revocation or appeal to the Administrative Appeals Tribunal or the Federal Circuit Court.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
If you require further information regarding your Australian visa options you can contact us through: