Grounds for Australian Permanent Visa Cancellation | Australia Immigration Guide

January 29th, 2024 at 02:08 am

Grounds for Australian Permanent Visa Cancellation | Australia Immigration Guide

Australian PR visa holders can start a family without fear of visa revocation. What if I tell you this is wrong? Because Australian permanent residency is not as permanent as many imagined for decades. The Australian Government revised the Migration Act in 2013 to allow the Immigration Department to withdraw a visa if a person served a 12-month jail sentence or violated PR requirements.

The Australian Government revoked 600 permanent resident visas in one year under Migration Act Section 501. Nearly 60% of Australian permanent visa cancellations were for New Zealanders.

Thus, the Department can terminate your visa, temporary or permanent, if you violate its terms. Certain conditions revoke Australian citizenship. Therefore, all immigrants must grasp the grounds under which a visa can be revoked and the repercussions of Australian permanent visa cancellation. You can revoke or avoid a canceled visa if you take action against it.

Read this blog post to learn about Australian permanent visa cancellation, how to avoid it, and how to appeal. It will explain how to revoke your permanent visa in Australia under various parts of the Migration Act. First, let’s explain Australian permanent visa cancellations before discussing explanations.

Discover Australian Permanent Visa Cancellation Grounds.

Under the Migration Act, DIBP can revoke any visa. Character grounds can require or allow visa termination.

The Department normally cancels your permanent residency and informs you of your visa cancellation under mandatory cancellation. In this scenario, you can present documents to the Minister or Department to revoke your visa cancellation.

Section 109 of the Migration Act allows discretionary Australian permanent resident visa cancellation for false information or papers. Your permanent visa will be suspended with a NOICC. After receiving the NOICC, convince the Department to keep your permanent residence visa. Depending on your persuasion, the department may withdraw your visa.

Visa Cancellation In Different Migration Act Sections

The Migration Act is a crucial Australian law governing immigration and visas. This statute specifies visa category requirements for applicants to enter the nation. This act’s sections 109, 116, 128, 134, 137, and 140 describe permanent visa revocation under various scenarios, as shown in the table below:

Key Points

Most permanent visas will be revoked under Migration Act sections 109, 128, and 501.
The DIBP will contact permanent visa holders and give them a deadline to explain why their visa should not be canceled.

The government can cancel or revoke a visa under Section 501 without telling the holder.
Section 128 of the Australian Constitution allows permanent visa holders to be cancelled without their knowledge while abroad, which is worse. In such circumstances, they may lose review rights.

Let’s detail visa cancellations in these areas.

Visa Cancellation Due to Misinformation

When an applicant gives false or inaccurate information on a visa application, Section 109 of the Migration Act cancels the Australian permanent visa.

Immigration cancels PR if:

• Fake documents were presented to the decision-maker.
• There was missing visa application information.
• Failed to notify the department of changes or misinformation.

The Department of Immigration can terminate the visa based on the Migration Regulations and the holder’s reaction. Sections 109 and 116 visa cancellations affect the applicant’s family members. Not all visa cancellations are required.

A fraudulent document?

If the Department of Immigration suspects or finds an unauthorized copy or alteration, a document is fraudulent. A fake document is one that is fraudulent, misleading, or altered to make it illegal. Therefore, a fake document;

• Claims a candidate made before applying but did not fulfill.
• Contains a deliberate or accidental lie by the application.
• Information edited by an unauthorized party.

How do I fix a PR visa cancellation due to erroneous information?

If your PR visa is canceled for giving the wrong information, review your visa application and confirm the relevant data. After DIBP notifies you of visa cancellations, this is your best option. After reviewing your application, gather supporting documentation to persuade the government to grant your visa. To avoid difficulties, seek professional counsel.

Contact us for professional assistance with your Australian permanent residency visa cancellation.

Visa Cancellation Based on General Grounds

If you no longer meet visa conditions, the Department can cancel your permanent visa under Section 116. To allow applicants to reply to visa cancellations, the Department usually sends notice of intention to cancel. Failure to meet course requirements might result in visa cancellation under this provision. Also, the Department can terminate a permanent visa under Section 116 if:

• The visa holder violated the terms.
• Visa requirements have changed.
• The holder’s presence in Australia would endanger Australians’ health, safety, or well-being.

Note: Australian permanent visa cancellations do not apply to legal immigrants. If the holder has not entered Australia and the Department finds illicit behavior, the visa will be canceled without notice.

Visa Cancellation According to Section 128

Section 128 can cancel a permanent visa if the person is offshore and meets the cancellation requirements of sections 109 or 116. The Minister does not have to notify the public of visa cancellations with this authority, unlike sections 109 or 116. Instead, the visa holder must be notified of the cancellation and invited to request revocation.

If the visa holder was in Australia (not in immigration jail) when the cancellation occurred, the Department may conduct a merits assessment. If the visa holder was outside Australia or in immigration jail when the cancellation occurred, a merits review is usually unavailable.

• Stopping this visa’s expiration? No.
• Can I revoke and appeal this visa cancellation? Yes, visa cancellations can be revoked.

Character-Based Visa Cancellation

Visa cancellation occurs when an applicant fails the Australian Government’s character standards under Section 501 of the Migration Act. If you fail the “character test,” the Department of Immigration may terminate your visa. The Minister has tremendous power under this clause. The Migration Act allows the Minister to revoke a visa without notifying the holder or soliciting a response.

Complex cancellations under this section. Visa holders often misunderstood the process and delayed seeking competent guidance, putting them at risk of deportation.

Common Visa Cancellation Reasons

The Migration Act defines a person as failing the character test if he meets any of subsection 501’s requirements. Character issues cause visa cancellations for several reasons:

• A lengthy criminal record.
• Conviction for immigrant custody crimes.
• Threatens Australians greatly.
• Connection to criminals past, present, or future.
• Read about character-based visa cancellations:

What Happens If an Australian Permanent Visa Is Cancelled?

Revocation of your permanent resident visa depends on your behavior and community risk. You may appeal a visa cancellation by the government. Direct ministerial decisions cannot be appealed. The independent Administrative Appeals Tribunal reviews departmental decisions, including visa cancellations.

However, appeal deadlines must be met. The department’s notice letter specifies the written application deadline. Thus, you must apply on time. If you think your visa termination was illegal, you can request a judicial review. Professional help is recommended for visa cancellations and revocations.

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