Visa cancellation: My visa got cancelled

What is a visa cancellation?

A visa cancellation is when the Department of Home Affairs decides to cancel your existing visa which may result in you becoming unlawful in Australia. Not holding a valid visa which is in effect puts you at risk of being detained or removed from Australia.

Common reasons why your visa may have been cancelled or refused:

• Failing to meet the character requirements
  • This may be the result of having a previous 12 months or more imprisonment sentence, or
  • having been convicted of a sexually based crime, especially if it involves a children.
• Previous issues with abiding by visa conditions
  • Includes working with a no-work condition
• Provided incorrect or misleading information on your visa application
  • This includes both deliberate and accidental misinformation

Note that your employer, a sponsor or family member cannot cancel your visa by themselves.

Effects of a visa cancellation

The cancellation of your visa will likely adversely affect both you and could also in certain circumstances impact the visa of your family member.

Like a conviction, a visa cancellation becomes attached to your immigration record and this will in turn, have a significant impact on your ability to be granted a visa again in the future. Dependent on the reason for cancelation, you may become subject to a lengthy exclusion period or permanent ban from Australia.

A visa cancellation can also cause your other visas to also be subsequently cancelled i.e. your separate bridging visa may also be cancelled.

What to do if your visa has been cancelled or refused

If you have just received a notice that your visa is being considered for cancellation, has been cancelled or your application has been refused, you will have a very limited time frame in which to deal with this. In some instances, the preparation of strong submissions with supporting evidence to counter the pending decision are required and on an urgent basis. If your visa has already been cancelled or refused, you may have the right to request revocation of the cancelation decision, or appeal rights at the Administrative Appeals Tribunal (‘AAT’) as a result of a refusal, or decision not to revoke a cancellation.

The AAT is responsible for reviewing departmental decisions including, certain visa cancellation decisions that have not been revoked.

If you are experiencing any of the above scenarios, we recommend that you contact one of our experienced team members to seek specific urgent assistance, which will allow you to make a decision on your next steps in an informed and clear manner