Visa Cancellations
Visa Cancellation
Only the Minister or a delegate of the Minister can cancel a visa. This can be discretionary, mandatory or by operation of law. In some circumstances, you can ask the Department of Home Affairs (Department) to cancel your visa.
If your visa is cancelled, the Department may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request us to cancel the visa of a person under 18 years old.
Reasons a visa may be cancelled
A visa may be cancelled if:
you were non-compliant with visa conditions
you did not meet character requirements
you provided false information on your visa application
you asked for your visa to be cancelled
You will usually be sent a letter from the Department of Home Affairs notifying you of their intention to cancel your visa before it is cancelled. This letter usually allows you to provide information by a due date explaining why your visa should not be cancelled.
Character Cancellation
If you do not meet character requirements, the Minister or a Department of Home Affairs delegate may cancel your visa.
To decide if you meet character requirements, the Department of Home Affairs considers a variety of matters, including:
the protection of the Australian community
the best interests of any children in Australia
Australia's international legal responsibilities
the impact of visa refusal or cancellation on your family in Australia
any impact on Australian business and community interests
Cancellation of your visa might prevent you from making further visa applications. It may prevent you from being granted certain visas to travel to, enter or stay in Australia.
Appeal a Cancellation
If a visa is cancelled, you may be able to apply for a review of the decision. You cannot appeal a decision if the Minister made the decision personally.
The Administrative Appeals Tribunal (AAT) is responsible for undertaking a merits review of departmental decisions, including visa cancellation decisions. Appeals have strict time limits.
Contact Us
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Canberra Visa & Migration Services has significant experience dealing with visa cancellations. If you need any assistance, please contact our office to to arrange a consultation.
Helping People Just Like You
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Can I handle my migration case without a lawyer?Technically, yes, you can manage your own migration case without a lawyer; however, it is highly recommended to seek professional assistance, especially for complex cases. Canberra Migration has a team of experienced migration consultants who are experts in Australian migration law, citizenship applications, and handling visa refusals. Navigating the intricacies of migration law requires comprehensive knowledge and attention to detail to avoid any costly mistakes or delays. Our consultants stay updated with the latest legislative changes and procedural requirements, ensuring that your application is meticulously prepared and submitted in alignment with all legal standards. Choosing Canberra Migration means leveraging our expertise for a seamless and more efficient migration process, ultimately increasing your chances of a successful outcome.
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Can migration lawyers assist with family migration?Absolutely! Migration lawyers specialize in various visa categories, including family visas, and can help navigate the specific requirements for family migration.
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How much does it cost to hire a migration lawyer or Registered migration agent in Canberra?Fees vary depending on the lawyer’s experience and the complexity of your case. It’s best to discuss this during your initial consultation to understand the total costs involved.
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What should I do if my visa application is denied?If your application is denied, consult with your migration lawyer immediately. They can advise on the best course of action, whether it’s appealing the decision or reapplying.
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How long does the visa application process take?The timeline varies significantly based on the visa type, the complexity of your case, and processing times. Your lawyer can provide estimates based on current trends.
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Do you need to pass an English test to become an Australian citizen?No, You do not need to pass a separate English test to become an Australian Citizen, however, the Australian Citizenship test is conducted in English.
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Can you become an Australian citizen if you are over 60 years old?Yes, there is no age requirement on becoming an Australian citizen. There is no citizenship test required for people applying for Australian citizenship if you are 60 years old or above.
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What is the ten year rule for Australian Citizenship?You may already be an Australian citizen and eligible for Evidence of Australian citizenship if you were born in Australia: and have been ordinarily resident in Australia throughout the first 10 years from your birth.
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What are the common reasons citizenship can be refused?The Department of Immigration may refuse an application for citizenship on the following criteria not satisfied: You are found not to be of good character; Your identity cannot be established; You represent a national security risk; You are unable to satisfy the general or special residence requirements and you are not eligible for an exemption; You have renounced your Australian citizenship within the last 12 months.
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What happens if you fail the Australian Citizenship test?Failing the test does not affect your permanent visa or stop you from living in Australia. If you fail the test, we will book another appointment for you. There is no extra cost for sitting the test again. If you do not pass the test after three appointments, your citizenship application may be refused.
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