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:

1. you were non-compliant with visa conditions

2. you did not meet character requirements

3. you provided false information on your visa application

4. 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.