The Department of Immigration is able to cancel a visa that is held by a non-citizen under the migration Act 1958.
The most common reasons for cancellation are:
- Providing false information on your visa application or your entry card such as: bogus documentation, changes in your circumstances not notified, incorrect information not corrected (Power under section 109 of the Act)
- You were non-compliant with attached visa conditions (Power under section 116 of the Act)
- The circumstances which you qualified for the grant of the visa no longer exist (116)
- You have failed the character requirements (Power under section 501 of the Act)
There are also specific cancellation powers the Minister has to cancel a student visa automatically and business visas.
What happens if my visa is cancelled?
- You will automatically become an unlawful non-citizen and may be placed in immigration detention
- You may be forced to leave Australia
- There may be exclusion grounds preventing you from returning to Australia either permanently or for a period of time.
In all cases the Department must inform you that they are considering cancelling your visa and ask for a response from you asking to give details of why your visa should not be cancelled.
There are time limits that apply for you to respond to the Cancellation Notice, if you do not respond within the time frame provided for you by the Department then you may lose the opportunity to respond and a decision will be made.
We are here to assist you and to offer advice that is specific to your needs and specific to the reasons for the cancellation. Call us on 02 9002 5511 or write to us with your concerns.