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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

Gold Coast Office

1300 245 756

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

Sydney Office

1300 245 756

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


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