Visa Cancellation is a growing trend
Australian government reporting in the Senate in late 2015 has shown a dramatic increase in visa cancellation.
The introduction of data matching systems across government departments, including state and federal jurisdictions, has allowed compliance monitors to identify breaches of conditions by visa holders.
Student visas in particular have seen a marked increase in cancellations. This has resulted in thousands of deportations or requests to depart Australia within 28 days.
Senate data shows 10,949 student visa cancellations took place last year. The reasons for cancellation were largely breaches of visa conditions.
Other grounds for visa cancellation were failure to pass the genuine student test.
It is worth noting that the genuine student test is applied consistently from application and throughout the period of visa validity.
Mandatory and Discretionary Visa Cancellation
Visa cancellation is either mandatory or discretionary.
Simply, mandatory means the visa MUST be cancelled. This means that request for review or to argue for a better decision is near impossible.
Discretionary means that the case officer may decide to give a warning or just proceed to cancellation. This type of cancellation can be appealed.
Appealing for reversal of cancellation can be made as a Request for Revocation.
It is also important to bear in mind that the location of the visa holder at time of issue of notice is important. If onshore (in Australia) it is possible in most cases to appeal a decision.
Where a visa holder is offshore, there are SOME circumstances where an appeal can be made.
If a visa holder is in immigration clearance, there is no chance to make such an appeal.
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