visa cancellation

Why might the Department Cancel my Visa?

First some statistics:
Last financial year, the Department cancelled just over 15,000 visas for non-character issues.
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The main reasons for cancellation (pretty obvious if you ask me…) -

1. Provide false information to obtain your visa
2. Break your visa conditions – ie working when not permitted
3. Not doing what your visa was granted for – ie not studying on a student visa
4. Paying someone to sponsor you – most common: Employer Sponsor visas; Partner Visas
5. Failing to be of good character – more on this later.

Who can cancel my visa?

Only the Department can do this.  Even if someone says they will cancel your visa (like a disgruntled employer or ex-partner), the only thing they can do is report the issue and it is up to the Department to take action. Generally, the Department will provide you warning that this is their intention via a letter (Notice of Intention to Consider Cancellation - NOICC) – that’s why you must always provide them with your most recent address and check your emails (especially your junk or spam folder). Saying you didn’t receive the notice will not be an excuse for a non-reply and the cancellation will go ahead regardless.

Notice of Intention to Consider Cancellation (NOICC)

If you receive a NOICC it is best you take immediate action.  The Notice will give you the opportunity to reply with your circumstances and reasons why your visa shouldn’t be cancelled.

If you respond to the Notice and the Department accepts your response, you will continue to hold your visa and consider it a warning to come back onto track or depart Australia if you are not able to maintain the conditions or purpose of your visa. Your visa can still be cancelled in the future if you are found to do the wrong things again.
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If the Department does not accept your response or you fail to respond to them; then you will receive a formal Notice of Cancellation letter and your visa will be cancelled at this time.  This will be sent to you either by post, email or given to you in person. The letter will indicate your next steps such as a time period in which you need to depart or seek review of the decision if applicable.  You should also look to obtaining a new visa to stay lawful in the country until you have made your next decision. Failure to take action can mean that you could be detained for being in the country unlawfully and placed into immigration detention.

what should I do and what else should I know?

Understandably receiving a letter like this will cause you stress, so seeking the right advice and support is essential at this time. 

• Go to a Registered Migration Agent, at this stage you do not need a lawyer and you will probably find that an Agent is more affordable and is capable of assisting you. 
• Pay for a consultation so they can provide guidance.  Do not leave getting this advice to the last minute – get onto this ASAP.
• Absolutely provide a response to the Department, even if you think the reasons for the cancellation are correct. They may not actually cancel the visa and it could just be a warning.  Failure to respond will lead you to cancellation.
• Apply for a visa to make yourself lawful again – you do not want to stay unlawful in the community and possibly face detention.
• If your visa is cancelled, you might be able to lodge an appeal or make the decision to depart the country instead.
• A person who is cancelled may have an exclusion period applied to future visa applications.  It will all depend on why and how you were cancelled.  For example, if you were the dependent of a primary visa holder and you were cancelled because they were, then there is a chance that you can still apply for another visa.

What are Character Issues?

“Character” at a simplistic level is ‘what kind of person are you’?  Have you had issues with the law in Australia.  If the answer to this is Yes, then there is a section of the migration law that states mandatory cancellation of a granted visa must occur.  The basics to fail the Character Test within Australia and so must have your visa cancelled are if you:

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

If this is your case – urgently seek legal assistance via an Immigration Lawyer (not an Agent).

Do you want to report someone who is doing the wrong thing?

As mentioned previously, a member of the public can’t cancel a visa, but they can report any suspicious or wrong activity.  This is best done online and can be anonymously.

​If you have trouble completing the form, you can also call 1800 009 623.  Once you have provided the information, you will not be able to make any enquiries or be told of an outcome due to Privacy Laws.

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If you are encountering issues with complying with your visa, before you even receive a a letter from the Department, please make contact with us. 
Emily was a Status Resolution Team Leader for over 10 years and she will give you the best advise specifically for your case.  You may not like what you hear, but you will have peace of mind knowing what your migration future will likely be.  Being proactive and having the right information is the key! 

Contact us today to book your online video consultation! 

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