Visa Cancellation in Australia
There are 2 main stages to visa cancellations:
Before your visa is cancelled - The department will send you a Notification of Intention to Consider Cancellation (NOICC). You will need to respond to the Department of Immigration as to why they should not cancel your visa. There will be a limited timeframe so you will need to act fast.
After your visa is cancelled - When your visa is cancelled, you will have the option to appeal the decision.
The following are common reasons why the Department of Immigration may cancel your Australian visa.
You’ve provided false, misleading, or bogus documents/information in your visa application
You’ve breached your visa conditions, for example:
working more than 20 hours per fortnight while holding a Student visa, or
you have not been attending your classes or you have failed your courses while holding a student visa, or
you have not been living and working in a regional area
If you are a holder of a Partner visa or Prospective Marriage visa the Department may cancel your visa if your relationship has ended
You have been sentenced to a term of imprisonment for more than 1 year
You have stopped working for your employer who has sponsored you to live and work in Australia (for example, while holding visa subclass 482).
If you have received a notice to consider canceling your visa from the Department of Home Affairs or if your visa has already been canceled, fill in the form below and one of our team members will contact you as soon as possible.
Australian Visa Cancellation process
In most circumstances, the Department of Home Affairs will issue you a Notification of Intention to Consider Cancellation (NOICC). You will be given a limited time period to respond and explain why you think your visa should not be cancelled. If this happens, it is strongly advised that you contact an experienced Immigration Lawyer ASAP to assist you with the process.
If your visa had already been cancelled, you may still be able to appeal the Department’s decision at the Administrative Appeals Tribunal (AAT). This also requires you to appeal within a certain time period after your visa is cancelled. Limited time applies. Don’t wait - contact an experienced Immigration Lawyer ASAP as this will increase your chance of success.
At Agape Henry Crux, we have a team of experienced Immigration Lawyers, two of which are Accredited Specialists in Immigration Law with a combined experience of over 20 years. Our team can help you.
Before Your Visa Is Cancelled
In preparing visa cancellation, it is important to determine the following:
What power under which the visa cancellation is being considered?
Did the Department of Home Affairs use the correct visa cancellation power?
What grounds is the Department of Home Affairs basing the visa cancellation on?
Has the Department of Home Affairs considered the most appropriate ground, the visa should be cancelled for?
What laws and policies does the Department of Home Affairs rely upon?
Has the Department of Home Affairs followed proper procedures in issuing the Notification of Intention to Consider Cancellation “NOICC”?
Is the visa cancellation power, mandatory or discretionary?
Are the grounds considered by the Department of Home Affairs sufficiently made out or can they be challenged?
If discretionary, what are factors must the Department of Home Affairs consider in your favour?
Have you prepared a list of evidence to support why your visa should not be cancelled?
What are the time limits to respond?
Is there a legal basis to seek an extension of time to respond?
Were there any defects with the Notification of Intention to Consider Cancellation “NOICC”?
What information does the Department of Home Affairs possess?
Have you sought a request under the Freedom of Information Act to retrieve all the information the Department maintains on you?