Visa Cancellation And Refusal

This week the cancellation of UK commentator, Katie Hopkins’ Australian visa and her subsequent deportment made headlines. It has been reported that Hopkins, broke hotel quarantine rules resulting in her visa being cancelled.
Under section 109 of the Migration Act, the minister can cancel a visa if it is believed that the visa applicant/holder is in breach of sections 101 to 105 of the act. 

What are sections 101 – 105?
Section 101 – Visa applications are to be correct
Anyone applying for a visa must ensure that all questions on the application are answered correctly.
Section 102 – Passenger cards are to be correct
Non-citizens must ensure all questions on their passenger cards are answered correctly.
Section 103 – Bogus documents are not to be given
Non-citizens must not give, present, produce or provide bogus documents to an officer, authorised system, the Minister, the Immigration Assessment Authority or the tribunal performing a function under the Migration Act.
Section 104 – Changes in circumstances are to be notified
If an applicant’s circumstances change and it alters the answer to a question on the visa application, then the applicant must notify the department in writing of the new circumstances.
Section 105 – Particulars of incorrect answers to be given
If an applicant becomes aware that an incorrect answer was given on the visa application, passenger card or in relation to section 104 or in response to a section 107 then the applicant must inform an officer in writing of this issue.
Visa cancellations can also be made under section 501 of the Migration Act. Section 501 refers to the cancellation or refusal of a visa based on character grounds. In order to obtain a visa, an applicant must pass a character test and prove they are not a risk to the community.

According to reports, Katie Hopkins allegedly refused to wear a face mask and posted a video boasting that she would lie in wait for hotel staff to deliver her meal and then open the door naked and not wearing a mask. These actions are proof enough that she is a risk to the community and result in her failing the character test. If this is the case, then its grounds for cancellation

What happens when you get a notice of cancellation for your visa?
A Section 107 is the method of giving notice of a visa cancellation to the visa holder. If you receive a S107(1)(b), you should contact a registered migration agent as soon as possible as there is limited time to respond to the notice.

To learn more about visa cancellations or any other aspect of migration, contact Visa Solutions on 1800 828 008.

Travel Exemptions
While Australian borders are currently closed due to the COVID-19 pandemic, travel exemptions may apply under the following circumstances:
– A traveller has a compassionate or compelling reason to visit Australia
– Overseas workers holding a Subclass 482 or 400 visa are required to undertake a job in Australia that cannot be filled by a local employee
Visa Solutions Australia has been successful in acquiring a broad range of exemptions, from critical workers to those needing to travel on compassionate grounds.

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