Visa cancellation is a serious issue. Visa cancellation is at the discretion of the Department of Home Affairs and may also result in the cancellation of visas held by family members of the cancelled visa holder. Only the Minister for Immigration or a delegate of the minister can cancel Australian visas.
Your visa can be cancelled for various reasons, including:
- You provided false information on your application
- You have not met or have breached the conditions of your visa
- The circumstances in which you were granted the visa no longer exist
- You now fail the character test due to your involvement in criminal activities
If your visa is under consideration for cancellation, you will receive written notification (Notice of Intention to Consider Cancellation) from the Department of Home Affairs. You will be given a certain amount of time to respond and provide a case as to why your visa should not be cancelled. It is important to work within the deadlines given as if you do not respond within the time provided then your visa will be cancelled. You may also be forced to leave Australia and be prevented from returning indefinitely.
If you are in Australia when your visa is cancelled you will automatically become an unlawful citizen and be issued with a Bridging Visa E. Once your visa is cancelled, you will incur an automatic three year ban to re-enter Australia for almost all temporary residency visa applications.
If your visa was not cancelled by the minister personally, you may be able to appeal the decision with the Administrative Appeals tribunal (AAT). Your bridging visa will be extended until an appeal result is determined. If you are not in Australia at the time of the visa cancellation, you do not have the right to appeal the decision.
Where your visa has been cancelled on character grounds and you wish to re-enter Australia, you may only apply for a protection visa. You may apply for a protection visa only if you haven’t previously had a protection visa application refused.
Visas can also be cancelled upon entry at the border. The main reasons for this are that the visa holder has failed to declare their intentions for their visit, or are attempting to bringing hazardous material into Australia.
Visa cancellation should not be taken lightly and if you find yourself in this position, it is best to talk to a registered migration agent such as the team at Visa Solutions Australia.
If you would like more information about visa cancellation or any other aspect of migration contact the team at Visa Solutions Australia