Visa cancellation provisions are contained in Subdivision C to Subdivision H of Part 2 of the Migration Act 1958 (Cth) [“the Act”]. Accordingly, the Department or the Minister or his delegate may cancel a visa which can be discretionary, mandatory, or by operation of law, depending on the situation.
Under certain circumstances, it is possible for you to approach the Department to cancel your temporary visa having more than 6 months validly that include:
- Visitor Visa (subclass 600)
- E-Visitor Visa (subclass 651)
- Working Holiday Visa (subclass 417)
- Work and Holiday Visa (subclass 462)
- Electronic Travel Authority (subclass 601)
Reasons for Visa Cancellation
Visa cancellation may occur if you:
- Do not comply with your visa conditions
- Do not meet the character requirements
- Provide false information to the Department on your visa application
- Are a threat to the Australian community
Grounds for Visa Cancellation
Visa cancellation may occur on the following grounds:
- Not passing the character test
- Paying for visa sponsorship
- Ceasing enrollment in a registered course (for student visas)
- Not declaring certain food, plant material and animal items during immigration (for visitor visas)
- Importation of objectionable goods or prohibited items
If your visa is cancelled while you are in Australia, you may also be barred from making further substantive visa applications for staying in Australia, usually known as the Section 48 bar. Section 48 of the Act imposes limitations if your substantive visa has been refused or cancelled while in Australia or you do not currently hold a substantive visa. The limited number of substantive visas that you may apply for in this situation include:
- Child Visas
- Partner Visas
- Protection, Territorial Asylum or Border Visas
- Medical Treatment Visas
- Bridging Visas
If you visa is considered for cancellation while are in Australia, the Department will usually notify you of their intention to consider cancelling your visa. You will be given the opportunity to submit your reasons as to why your visa should not be cancelled.
In case your visa has been cancelled by the Department (not the Minister) you may be able to appeal the decision of your visa cancellation to the Administrative Appeals Tribunal (AAT) for a review within the specified time period. While you wait for outcome of application, you may apply for a Bridging Visa E (BVE) to keep your status lawful in Australia.
Migration Centre of Australia has a team of migration specialists who are experienced in handling visa cancellation cases, including complex matters before the Department and the AAT. Call us on +61 2 46261002 or Contact Us to speak to one of our Registered Migration Agents.
