April 10th, 2024 at 05:45 am

How to Proceed Following the Cancellation of an Australia Visa

We realize how distressing it is to receive an Australian visa cancellation notification, especially if it upsets your long-term plans to live there. Remember that visa cancellation does not mean the end of the world.

Cancelling your Australian visa may have major consequences, but there are alternative options for getting things right. Understanding how to avoid Australian visa cancellations is critical. As a result, you must understand the basic visa application process.

Visa revocation can result in deportation for non-citizens in Australia. It includes New Zealand Special Category visa holders, permanent visa holders, and Australian-born noncitizens. If you receive a visa cancellation notification from the Department of Home Affairs, you must respond right away. This would lead to lawful detention.

If you are unable to file for another visa within the given time, the government will deport you. Let us first define visa cancellation in Australia, followed by an examination of the causes of cancellation.

Types of Australian Visa Cancellation

Visas can be withdrawn for unlawful activities, lying to authorities, violating visa criteria, or not having an identity. The time to reply to a visa cancellation depends on the decision-maker and the Migration Act. The decision letter usually specifies the response deadline. The Australian government can revoke your visa for many reasons. Check out the following Australian visa cancellation types:

• immigration Detention
• Section 116 Visa Cancellation
• Section 501 Visa Cancellation

1. Immigration Detention

Australian government detention centers are called “immigration detention” and imprison people without visas. Many immigration and refugee detention camps are located in and outside Australia. In Australia without a visa, you may be held in immigration detention.

Reasons for Immigration Detention

An unlawful non-citizen without a visa must be detained under the Migration Act. An individual may be in breach if their visa was canceled, expired, or they entered Australia without one. Detention by the Australian Government is only possible if:

• Coordinating their Australian deportation.
• Receiving, investigating, and assessing a visa application for Australian residency.

What Next?

If you are arrested and placed in immigration detention, you should see an immigration lawyer immediately.

2. Visa Cancellation Section 116

Section 116 of the Migration Act allows the Department to terminate visas. If you break Australian laws or lie on your visa application, it may be withdrawn. The Minister can revoke a visa under Section 116 for the following reasons:

• If you violated your visa,
• Secondly, If you endanger Australians,
• If your visa information is inaccurate,
• If your visa was obtained on pretense,
• Finally, you lost visa eligibility due to a change in circumstances.

Note: If you suspect lying to the Department of Home Affairs or breaking Australian law, consult an attorney.

3. Section 501 Visa Cancellation

Section 501 of the Migration Act allows the Minister to deny or revoke a visa if the applicant fails the character test. Also, Section 501 specifies that if a non-citizen fails “the character test,” their permanent and other visas may be revoked. Section 501 revocation affects visa holders and new applications. If you were born in Australia or entered as a child, your visa length does not matter. The following factors can cause an Australian visa cancellation:

• A substantial criminal record includes one or more offenses totaling more than a year and a half in jail.
• There is a risk of future crime or misbehavior in Australia.

Criminal activity or escape in immigration custody.

• Sexually abusing children.
• Links to suspected criminals.
• Then, being accused of a significant international crime.
• Lastly, smuggling or trafficking suspicions.

If your visa was revoked for character reasons during your last visit to Australia, you can only apply for a protection visa. If your visa is canceled owing to a character test failure and all appeals fail, you will be deported from Australia and cannot return unless the Minister personally approves a new visa.

Australian Visa Cancellation Process

Some inmates’ Australian visas will be automatically revoked. They have 28 days to appeal the cancellation. If a non-citizen is imprisoned for 12 months or more or convicted of a child sexual offense, the Minister must cancel their visa. Check out the Australian visa cancellation process.

Step 1

Authorities will report a significant criminal record to the Department of Home Affairs. It usually happens in prison. The department then determines if visa cancellation is automatic. Most DHA cancellations begin in the final six months of your sentence. DHA can revoke your visa at any time, whether you’re in jail or released.

Step 2

After assessing the case, the department will deliver a “notice of intention to consider cancellation” (Step 2). This notice suggests DHA may reject your visa application. No decision has been taken. You can convince DHA not to terminate your visa.

The Immigration and Citizenship Minister can also revoke your visa. That means the Minister, not a DHA official, makes the final decision. No appeals can be made to the AAT for this cancellation. However, if the Minister is considering a visa cancellation, you should obtain legal advice.

Step 3

DHA notifies you of the cancellation of your visa. Your visa has been revoked. Take urgent action. You have 28 days to appeal a visa cancellation. If the department delivers a postal notice, you have 35 days to rescind the visa cancellation.

What Happens After an Australian Visa Cancellation?

Visa cancellation in Australia has many consequences, some of which are listed here.

• Canceled visas prevent you from staying in Australia until you get a new one.
• Bridging or refugee visas are the only options.
• After serving your prison sentence, you will be deported from Australia. Your birthplace is often here.
• Also, expelled people can’t return to Australia.

What to Do After an Australian Visa Cancellation?

What happens if the Department cancels your visa? Know the measures to avoid more issues. Learn what to do following a visa cancellation in Australia:

1. Understand Visa Cancellation Reasons

First, read the department’s visa cancellation notice carefully. Note the cancellation reason, your entitlement to appeal to the Administrative Appeals Tribunal (AAT), and the deadline.

2. Verify Visa Status

You must check your visa status after cancellation. If you are in Australia at the time of cancellation, you must be a valid non-citizen to avoid further issues. If not, you must immediately regularize your visa status to prevent breaking the law. Also, if you don’t, it may hurt your chances of securing an Australian visa and could result in an exclusion period. Failure to pass a character test cancels your visa, therefore, you cannot apply for another.

3. Australian Visa Cancellation Request

You can reverse the decision by sending the revocation request form and personal circumstances form to the National Character Consideration Center. The Department of Home Affairs must receive forms by the deadlines mentioned. No deadline extension is possible. Australia visa cancellation revocation is free. You can add information after submitting the forms until the department decides on your request.

What to Do if the Department Rejects an Appeal to Revoke Visa Cancellation?

You have nine days to appeal to the Administrative Appeals Tribunal if the Department of Home Affairs dismisses your request. If the AAT does not reverse the cancellation, you have 35 days to appeal to the Federal Court to ascertain legal compliance. If not, the court remands.

Important: You cannot ask the AAT to review a Minister or Assistant Minister’s revocation denial. Just the Federal Court can revisit the decision.

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