Will My Visa be Cancelled Due to Character?
Australia’s immigration takes each visa applicant’s character very seriously, especially since the government has robust measures to ensure the safety and integrity of the community. Under Section 501 of the Migration Act 1958, visas can be cancelled if an individual fails to meet character requirements.
Key Reasons for Cancellation
Criminal Record: Significant criminal history, such as serious offences or a cumulative sentence of 12 months or more.
Criminal Associations: Connections with criminal groups or individuals.
Potential Criminal Conduct: Reasonable suspicion of future criminal behaviour or threats to public safety.
What to Expect when your visa may be cancelled
When a visa is at risk of cancellation, the applicant may receive a notice letter called the Notice to Consider of Cancellation (‘NOICC’) from the Department of Home Affairs (‘the Department’). Visa applicants may have the opportunity to respond to the Department within a limited period.
In some situations, the Minister can act to cancel an applicant’s visa without prior notice. This means that the applicant’s visa will be cancelled without receiving a NOICC. The applicant may have the right to appeal the visa cancellation decision to the Administrative Appeals Tribunal (AAT).
Visa cancellation can lead to detention, deportation, and bans on re-entry, profoundly affecting individuals and their families. Therefore, maintaining good character is essential for those wishing to live and work in Australia.
How Can Agape Henry Crux Help
Suppose you have worries about your visa matters that may lead to cancellation due to your character or criminal history. Contact us at Agape Henry Crux before it is too late!
Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers specialise in handling highly complex matters such as assisting with all kinds of visa issues including responding to NOICCs and assisting in appealing visa cancellations. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.