What are the Visa Cancellation Procedures?

 

Step 1

Once the Department of Immigration learns of a non-compliance, they are required to consider if there is a need to consider cancellation. If a need arises to cancel, they are required to consider the most appropriate cancellation power and ground to rely on.

Step 2

After the Department of Immigration decides that it is appropriate to proceed with visa cancellation, they must first issue a NOICC, Notice of Intention to Consider Cancellation. The NOICC must clearly state:

  • the cancellation power used

  • the grounds relied upon

  • time provided to respond

  • whether the cancellation is discretionary, and if discretionary, the matters that must be taken into account

Step 3

The Department of Immigration must correctly notify you, otherwise, the notification of the NOICC will be deemed as ‘defective notification’. The examples of defective notification are:

  • no attempts to locate permanent visa holder and notification sent to last address for service provided to the department of immigration in an old visa application.

  • NOICC provided to visa holder where there is a registered migration agent.

  • NOICC does not state key information, eg. cancellation power used, grounds relied on, etc.

  • NOICC sent to wrong address, eg. neighbour

Step 4

The Department of Immigration must consider your Response and apply the laws correctly in deciding whether to cancel your visa. They are required to notify you in writing their final decision. If they are satisfied that your visa should be cancelled, then they are required to notify you their decision to cancel, which should specify:

  • the ground for cancellation; and

  • whether the decision can be merits reviewed and time limits.