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Home / Visa cancellation
If the Department is considering cancelling your visa, or has already cancelled it, you need to act immediately. Response times are short and the consequences can last for years.
A NOICC gives you a chance to explain why your visa should not be cancelled. The response time is stated in the notice and can be only a few working days. Contact us the same day, and do not ignore the notice: if you don't respond, the Department can cancel your visa without hearing from you.
Your visa usually stays in effect while the Department considers your response, so keep complying with your visa conditions.
Cancellation powers
The Migration Act contains several cancellation powers. Which one is used affects your response time, your review rights and the consequences.
Cancellation where incorrect information was given, or bogus documents were provided, in a visa application, passenger card or to the Department, even if the mistake was not intentional.
The most common power. A visa can be cancelled if, for example, the holder has not complied with a visa condition, the circumstances on which the visa was granted no longer exist, or the holder may be a risk to health, safety or good order.
A visa can be cancelled under section 116 grounds while the holder is outside Australia, sometimes without notice beforehand. The holder is then told and can ask for the decision to be revoked.
Cancellation of certain business skills visas where the holder has not established or maintained the business or investment activity required.
Cancellation of certain regional employer sponsored permanent visas if the holder did not start work with the employer or did not stay employed for the required period.
Character (s 501)
Every visa applicant and holder must pass the character test. Character decisions can be made at any time and can affect long-term permanent residents.
A person can fail the character test for reasons including a substantial criminal record, association with people or groups involved in criminal conduct, past and present criminal or general conduct, or a risk of future harm to the Australian community.
A visa must be cancelled if the holder is serving a full-time prison sentence and has a substantial criminal record of the kind set out in the Act, or has been convicted of certain sexual offences involving a child.
The Minister can personally refuse or cancel a visa on character grounds, sometimes without giving notice first. There is no merits review of these decisions; judicial review in the courts may be available.
Time limits
These are typical periods only. The time stated in your notice or decision letter is the one that applies.
How we respond
A well-prepared response is often the difference between keeping and losing a visa. Decision-makers must consider the reasons you give, including your family in Australia and the best interests of any children.
We confirm the exact response date from the notice and ask for more time if there is a good reason.
We obtain the information the Department is relying on, using a Freedom of Information request where needed.
Statements, records and documents that answer each concern raised in the notice.
We set out the law, the facts and the reasons the visa should not be cancelled, including your ties to Australia and the impact on your family.
We prepare you for any interview and respond to further requests from the Department.
If the visa is cancelled, we advise on Tribunal review, revocation or judicial review straight away.
Consequences
Without a valid visa you may become unlawful and could be detained and removed. A bridging visa may be available while you seek review.
Cancellation can stop you applying for most other visas while in Australia, and can affect applications for years afterwards.
Family members who hold visas because of your visa may have their visas cancelled as well.
Questions
Usually yes. Your visa stays in effect until a decision is made, so keep complying with your visa conditions.
A refusal is a decision not to grant a visa you applied for. A cancellation ends a visa you already hold. Both can usually be reviewed, but the time limits for cancellations are often much shorter.
Ask for time to contact a migration agent or lawyer and to respond before a decision is made. Contact us as soon as you can. Review rights depend on where and how the visa was cancelled.
Possibly. If family members hold visas because of yours, their visas may be cancelled as a consequence. We consider their situation in the response.
Depending on the power used, you may be able to ask for revocation, apply to the Administrative Review Tribunal, or seek judicial review. Each has strict time limits.
It may be. Character concerns can arise even for long-term permanent residents. Get advice before you travel, and before you apply for any visa or for citizenship.
Send us the notice today. Response times are short and cannot always be extended.
