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Expertise

Visa
Cancellations

There are several reasons your visa may be cancelled.

Find out what they are and if you are able to appeal the cancellation.

TYPES OF VISA CANCELLATIONS

What are the reasons for a visa cancellation?

There are 4 reasons why your visa may be cancelled:

  • You were non-compliant with visa conditions
  • You do not meet the Australian visa character requirements
  • You provided false information or documents 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.

Can a cancelled visa be reinstated? 

The good news is yes, in some circumstances, your cancelled visa can be reinstated. Generally this happens in 2 different ways:

  • By successfully appealing the visa cancellation decision to a tribunal or court
  • By successfully applying for revocation if your visa was cancelled under the mandatory cancellation provisions

The reinstatement of a cancelled visa is generally a complex process and our migration lawyers are experts at navigating this process and putting forward the best case possible for our clients. We recommend you obtain migration advice as soon as you receive a letter indicating your visa may be cancelled (this can be referred to as a Notice of Intention to Consider Cancellation – NOICC) or as soon as your visa cancelled. This is because in some cases you may have as little as 2 days to appeal the visa cancellation decision.

How do I appeal a visa cancellation

Receiving a visa cancellation notice can be very distressing. You should read your visa cancellation notice carefully because each decision is different. This letter should advise:

  • If you have the right to appeal your decision
  • The timeframe available to lodge the appeal
  • The relevant appeal body your appeal should be directed to

If your letter does not outline this information we suggest that you obtain legal advice.

Generally, a visa cancellation decision is appealed to the Administrative Appeals Tribunal and if this is the case it will be clearly stated in your visa cancellation notice. You can read more here about how to appeal a decision to the AAT.

Some visa cancellation decisions are appealed to the courts instead. For example, when the Minister for Immigration personally decides to cancel your visa based on character grounds. You can read more about this process on our Court appeals page.

If your visa has been cancelled, book a free 15 minute consultation online with one of our immigration lawyers to discuss your options.

An experienced migration lawyer can make all the difference when you need.