Book Now
Book Now

Visa Cancellations

The Department of Home Affairs may issue a Notice of Intention to Consider Cancelling Your Visa (NOICC), or a Notice of Visa Cancellation. In both instances, it is imperative that you consider the reasons outlined within the correspondence and take action to address the matters within a very strict time frame.

There are a number of grounds upon which a visa may be cancelled or considered for cancellation. In our experience, the most common grounds include:

  • if an applicant failed to pass the character test
  • if an applicant breached visa conditions
  • where visa requirements were not being met
  • where it is found that the visa holders provided false or bogus documents
  • if the visa holder obtained a visa on the basis of a circumstance that no longer exists
  • the visa holder having paid for visa sponsorship
Contributory Parent (subclass 143) Visa

In most of the above scenarios, the Department will send the visa holder a Notice of Intention to Consider Cancelling Your Visa.

The Department MUST cancel your visa if the applicant:

  • is currently serving a full-time prison sentence; and
  • has been sentenced to 12 months or more imprisonment (this includes time already served) or
  • has been sentenced to life imprisonment or
  • has been sentenced to death or
  • has been found guilty of a sexual offence involving a child.
orphan relative visa

Notice of Visa Cancellation

Receiving this notice means that your visa has already been cancelled. The only possible option to reverse this decision is to apply to revoke the Department’s decision.

You must make sure that your response reaches the Department in time.

Notice of Intention to Consider Cancellation

If you are issued with a NOICC this means that the Department are seriously considering cancelling your visa, usually on the basis of information that they have been presented with.  In this instance, there may well be options available to prevent your visa cancellation. This notification gives you an opportunity to comment on the information provided to you upon which the Department has raised concern.

Any response to the NOICC, including comments or further evidence, must be in writing in English (or accompanied by an accurate English translation) to outline why your visa should not be cancelled.

If the Department decides to cancel your visa despite you providing all supporting documentation to argue the NOICC, this decision may be reviewed by the AAT; however, please note that not all decisions are reviewable by the AAT.

The consequences of your visa cancellation

If your visa was cancelled and you exhaust all possible ways to appeal the Department’s decision, you can only stay in Australia if you obtain another type of visa.

If a visa is cancelled, and the person does not have another valid visa, the person becomes an unlawful non-citizen and loses their right to remain in Australia. There are not many visa options that an unlawful non-citizen can apply for after they have had their visa cancelled.

If your visa was cancelled on general grounds you may be restricted from applying for another visa for 3 years.

If you leave Australia as a result of a deportation order, or if your visa was cancelled on character grounds, it is likely that you will be restricted from future re-entry to Australia.

How We Can Help

Challenging visa cancellation decisions can be extremely complex and confusing. Our team is well experienced in assessing prospects, providing advice and guiding our clients through every step of this difficult path.

Enquire about Visa Cancellations

Brisbane Office

1300 245 756

50 McDougall Street,
Milton, Brisbane, QLD, 4064
Australia

Gold Coast Office

1300 245 756

Levels 5 & 9, Corporate Centre One,
2 Corporate Court,
Bundall, QLD, 4217
Australia

Sydney Office

1300 245 756

Level 6,
15 Castlereagh Street,
Sydney, NSW, 2000
Australia

NEWS & INSIGHTS

Latest Articles and Updates

Student Visa

Changes Outlined in New Migration Strategy Target Australia's Student and Graduate Visa Program

In December 2023, the Australian Government released their Migration Strategy. In particular, the Government has outlined their intention to make significant changes to the Student and Graduate Visa programs, focusing on “strengthening the integrity and quality of international education”. To ensure you protect your migration position, contact our experienced team to guide you through these changes.

READ ARTICLE
Temporary Skill Shortage Visas

Navigating The Australian Work Landscape: Temporary Skill Shortage Visas Explained

Unlock the potential of Australia's job market with the Temporary Skill Shortage Visa - Subclass 482. Introduced in 2018, the TSS visa bridges Australia's skill gap, providing a pathway for skilled professionals to realise their career aspirations. It addresses short- and medium-term needs with three distinct streams catering to varying employment durations. However, the journey requires navigating specific requirements, from employer sponsorships to applicant criteria. Fortunately, All Access Migration team offers expert guidance. Whether you're an employer or a potential employee, delve into the intricacies of this visa with us and turn your Australian work dreams into reality.

READ ARTICLE
Regional Visa

Navigating The Path To Regional Visas: Your Gateway To A Life In Regional Australia

Explore the world of regional visas, including the Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494). Discover a life rich with opportunities in the heart of regional Australia! Whether you're drawn to its serene landscapes or thriving communities, there's a path tailored for you. With distinct visa options offering a chance to live, work, and study amidst Australia's hidden gems, with an employer, or state to sponsor you, the dream is closer than you think. Under the expert guidance of All Access Migration, the visa options become clear and achievable.

READ ARTICLE
WORKING REGIONALLY IN AUSTRALIA

Designated Area Migration Agreement (DAMA): Paving The Way For Skilled Workers And Australian Businesses

Designated Area Migration Agreements (DAMAs) significantly evolved Australia's skilled migration framework, offering a dynamic two-tiered system tailored to regional needs. Diverging from traditional migration pathways, DAMAs permit regions to source a broader range of overseas talent. A foundational five-year "head agreement" with regional representatives is at the helm. This paves the way for tier two: individual labour agreements with employers, aligning with the head agreement's stipulations. While 12 DAMAs currently operate, each mirrors its region's unique necessities. While the process might seem intricate, advisors like All Access Migration ensure a streamlined experience for businesses eager to tap into this option.

READ ARTICLE
Healthcare Worker

Queensland Government's Workforce Attraction Scheme Recognises Interstate and International Healthcare Heroes

Discover Queensland Government's groundbreaking initiative revolutionising healthcare by attracting skilled workforce. Addressing critical shortages, the government offers appealing incentives to healthcare workers across Australia and abroad. Count on All Access Migration for seamless support during relocation and immigration process. Enjoy benefits of up to $20,000 for joining Queensland Health and up to $70,000 for rural doctors. These incentives transform healthcare, ensuring top-notch services for all Queensland residents.

READ ARTICLE
TEMPORARY SKILLED MIGRATION INCOME

Update: The Australian Government Announces Temporary Skilled Migration Income Threshold Increase

As a result of an independent review, the Australian government has decided to raise the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 effective from 1 July 2023. This alteration will impact companies that sponsor foreign workers under skilled migration programs, as they must comply with the minimum salary requirement to guarantee that migrant workers receive equitable pay. The government's choice reflects their dedication to fairness within the skilled migration system.

READ ARTICLE
New Zealanders

Direct Pathway to Australian Citizenship for New Zealanders

The Australian Government has introduced a direct pathway to Australian citizenship for eligible New Zealand citizens living in Australia, which marks a significant change in the migration policy between the two nations. This move is expected to make access to Australian citizenship much more manageable for New Zealanders living in Australia, and it is set to take effect from 1 July 2023. The article emphasises the significance of this policy shift and its impact on the lives of New Zealanders living in Australia.

READ ARTICLE
TPD Claim

Overhaul Needed For Skilled Migration System To Address Labour Shortages

Australia’s skilled migration system is facing a significant challenge for addressing the country's skill shortage and labour crisis. However, the mandatory job advertisement requirement for employers recruiting skilled migrants has hindered the system's success, as recently pointed out by a review conducted by Martin Parkinson, Joanna Howe, and John Azarias. Removing this requirement could significantly improve the system's efficiency and effectiveness. Furthermore, the visa system's outdated policies have led to the exploitation of temporary migrants by unscrupulous employers, creating a vulnerable group that needs protection.

READ ARTICLE