Visa Cancellation Australia – Things to know
Visa cancellation under Australian immigration law can be initiated by the Department of Immigration and Border Protection (DIBP) for the following reasons:
- Discovery of false, misleading or ‘bogus’ information during applicaiton;
- Discovery of fake documents supplied as evidence during application;
- Character grounds for criminal convictions or, in some cases, associating with known criminal groups;
- Failure to pass genuine visa holder test – most commonly associated with student visas;
- Anonymous tip offs and information provided to BIBP anyonmous tip off line that a person is acting in breach of visa conditions;
- Breach of visa conditions.
Steps of cancellation process
The DIBP will receive adverse information about a visa holder. In the case of student visas, this is most often from the institution in which the visa holder is enrolled.
The Department then investigates the claim, or information recieved.
If satisfied that grounds for cancellation exist, a the visa holder is issued with a Notice of Intention to Consider Cancellation (NOICC).
This is also known as ‘natural justice’ letter, for it provides opportunity for the visa holder to give their side of the story before cancellation proceeds.
The visa holder is given 28 days from date of NOICC letter to provide a response.
If the case holder is not satisfied with the response, and therefore believes cancellation should proceed, the visa cancellation will take place.
The visa holder will be notified of cancellation by post or email. The notice will provide information about leaving Australia and date of cessation of visa.
Can the decision to cancel a visa be reversed?
In many cases, yes. In some, no.
There are different avenues available for former visa holders who have had their visas cancelled. These include:
- Request for Revocation;
- Merits review through the Administrative Appeals Tribunal (AAT);
- Judicial review through the Federal Circuit Court (FCC);
- Formerly, Ministerial Intervention requests were possible, but access to the Minister is now restricted, however in some cases, appeal to the Minister can be allowed.
The avenue of appeal depends on the type of cancellation, the grounds of cancellation, where the visa holder is at time of cancellation (onshore or offshore); extent of breach, types of breach and many others.
Avenues of appeal can be complex, so please feel free to contact us visa email with as much detail on your case as possible. We will review and contact you back by return email or phone.