| 1 | Immigration Status | Visa holder becomes unlawful, unless exceptions apply | Visa holder becomes unlawful, unless exceptions apply |
| 2 | Other Visas Held | Any bridging visa held that was granted after the substantive visa (to be cancelled), will also cease , however, if the cancelled visa was granted after the BVA, BVB, or BVC was granted, that bridging visa will not cease to be in effect. | All undecided visa application (except for PV or BVR), is taken to be refused • All visas held, is taken to be cancellation by operation of law • Cancellations by operation of law is not merits reviewable. |
| 3 | Bars from making further visas in Australia | • s.48 bar for everyone cancelled under 109, 116, 133A, 133C, 134, 137J or 137Q. So, ppl cancelled under 137T & 140 are NOT affected; • s48A bar on ppl who previously applied for PV onshore • No bars on bridging visas (r 2.12) | • s501E bars application for any type of visas, except for PV 501E(2)(a) and BVR – r2.12AA • Currently, s 35A provides PV include Class XA – 866, class XD – 785 and class XE - 790 |
| 4 | Consequential Cancellation to Family Members | Family Members' visas cancelled under s134(4), s137T and s140, either by operation of law or discretion: see s140(2) | TBA |
| 5 | Risk Factor (3 years Bar) | 4013 if cancelled under 109, 116(1)(d), 116(1AA) or (1AB) or 133A; - Cancelled under s128 because of s116(1)(d) of s116(1)(fa) and r2.43 list in his column below; - Cancelled under s133C because of s116(1)(d) or 116(1AA) or (1AB); - Cancelled under s116(1)(fa); s116(1)(e); - r2.43(1)(ea), (i), (ia), (j), (k), (ka), (kb), (kc), (m), (o), (oa) or (ob); 137J; - Cancelled under s116, 128, or 133C because found working without permission; non-compliance of visa conditions found in “Part 2 of Schedule 4 – Conditions Applicable to Certain Subclasses for 4013(2)” 4014 on departing Australia as an unlawful or in certain circumstances, as a holder of BVC, BCD, BVE. | • Generally, 4014 on departing Australia as an unlawful or in certain circumstances, as a holder of BVC, BCD, BVE. But due to SRC, this would be of little impact. • 5002 – but of little relevance due to 5001 but look at 5001(a) to (d) carefully to ensure the circumstances of the cancellation warrants 5001 as not all character cancellations attract 5001, eg. cancellation under s500A |
| 6 | Special Return Criteria | 5002 – 12 months bar if removed under s198, 199 or 205, unless can satisfy Minister compelling and compassionate circumstances | • 5001 – permanent bar (but doesn’t apply to a person who is granted a PR by Minister personally) • 5002 – but of little relevance due to 5001 but look at 5001(a) to (d) carefully to ensure the circumstances of the cancellation warrants 5001 as not all character cancellations attract 5001, eg. cancellation under s500A |
| 7 | Setting Aside or Revoking Cancellation | if cancellation is set aside by a court of tribunal, that cancellation is taken to have not occurred. | if a cancellation is revoked under section 133, the cancelled visa is taken to be granted upon revocation. If canvelled under section 501CA, then it is taken to have bever been cancelled by the detention period will remain lawful. |
| 8 | Detention & Removal | if you do not hold a visa, then you will be detained and removed. | once your visa is cancelled under Character cancellation powers, you will be immediately detained. If you do not have a pending immigration matter, you will be removed or deported (PR) from Australia. |
