Visa Cancellations
Overview
Only the Minister or a delegate of the Minister can grant, refuse or cancel a visa. This can be discretionary, mandatory or by operation of law. In some circumstances, you can ask Department to cancel your visa.
Cancelling visas is at the discretion of the Department. If Department cancels your visa, they may also cancel the visas held by any of your family members.
Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request Department to cancel the visa of a person under 18 years old.
Reasons why your visa may be cancelled
Department may cancel your visa if:
- you were non-compliant with visa conditions
- you did not meet Department character requirements
- you provided false information on your visa application
If you are in Australia or immigration clearance Department will usually notify you of its intention to consider cancelling your visa. Department will give you the opportunity to put forward reasons why It should not cancel your visa.
Character requirements for visas
You must be of good character to visit or remain in Australia. This means you must meet Department’s character requirements, and remain of good character.
The character requirements are set out under section 501 of the Migration Act 1958. They help us decide if you are of good character.
- You may not meet the character requirements if:
- you have a substantial criminal record
- you have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child
- you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
- while you were in immigration detention
- during an escape from immigration detention
- after an escape, but before you were taken into immigration detention again
- you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct
- the Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
- your past and present criminal or general conduct shows that you are not of good character
- there is a risk that while you are in Australia you would:
- engage in criminal conduct
- harass, molest, intimidate or stalk another person
- vilify a segment of the Australian community
- incite discord in the Australian community or in a part of it
- be a danger to the Australian community or a part of it
- you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
- you are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community
- you are or have been convicted of a domestic violence offence or have ever been subject to a domestic violence order
Where you appear to fail the character requirements, Department will give you an opportunity to put forward reasons why It should not cancel your visa before It cancels your visa.
Refusal or cancellation
Refused or cancelled visa due to concerns about your character
If you do not meet character requirements, the Minister or a delegate can refuse your application or cancel your visa.
To decide if you meet character requirements, Department considers a variety of matters, including:
- the protection of the Australian community
- the best interests of any children in Australia
- Australia’s international legal responsibilities
- the impact of visa refusal or cancellation on your family in Australia
- any impact on Australian business and community interests
Character decisions require consideration of a range of factors. When making a decision, departmental delegates refer to a Ministerial Direction. This sets out the considerations they must balance when considering whether to refuse or cancel someone’s visa on character grounds.
If you have had a visa refused or cancelled on character grounds since you last arrived in Australia the only visa you can apply for is a Protection visa.
If Department removes you from Australia on character grounds, you may have difficulty satisfying the character requirements when applying for another visa to re-enter Australia.
Mandatory cancellation
By law, Department of Home Affairs (DHA) must cancel your visa if you are serving a sentence in a prison full-time for an Australian crime, and you have:
- been sentenced to death, imprisonment for life or imprisonment for longer than a year.
- been convicted of a sexually based crime involving a child by an Australian or foreign court.
- had a charge proven for a sexually based crime involving a child, even if you were discharged without conviction.
- been found guilty of a sexually based crime involving a child, even if you were discharged without conviction.
If Department must cancel your visa, you have 28 days to request revocation of the cancellation. Revocation of the cancellation decision would have the effect of restoring your visa.
Paying for sponsorship
Department may cancel your visa if you are involved in paying for visa sponsorship.
Department considers all circumstances before making a decision. This will include:
- if you initiated or were complicit in the paying for sponsorship
- your intent in coming forward (whistle-blower, actively providing us with information)
Department may not cancel a visa if your payments were due to threats or exploitation (human trafficking or slavery). You should give Department all relevant information if that is the case.
You will have a chance to put forward reasons why Department should not cancel your visa. You should include evidence showing:
- the strength of your ties to Australia and
- your contribution to the Australian community.
Changes to study
Department can cancel your student visa if you are no longer enrolled in a registered course.
Your enrolment ends when you complete the course, even if this is earlier than the end date on your Confirmation of Enrolment.
What you must do after you complete your course depends on your enrolment arrangement.
If you complete the course associated with your student visa, you will have 3 months to depart Australia or apply for another visa.
Department may cancel your visa in these situations:
- you complete the course for which Department granted your student visa and you do not leave Australia or apply for a new visa within 3 months
- you have changed courses since Department granted your student visa and your new Confirmation of Enrolment for your principal course has an earlier end date and you do not leave Australia or apply for a new visa within 28 days of completing the course
- you are studying more than one course on your visa (course packaging) and you finish a course early and have a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year)
Before Department cancels your student visa, Department will consider your situation. This includes if:
- you legitimately finished the course early
- you have a good academic record
- it is reasonable to expect you to enrol in another course during the course gap
Department may also cancel your visa if you are non-compliant with any other student visa conditions.
Biosecurity contraventions
It is important to declare certain food, plant material and animal items from overseas as these items may:
- introduce serious pests and diseases into Australia and
- devastate our valuable agriculture and tourism industries and our unique environment.
The Minister has the power to cancel some visitor, student and work visas in immigration clearance if you:
- fail to meet the requirements to answer questions about goods on your incoming passenger card
- do not follow directions given by a Biosecurity officer in relation to goods or baggage
- provide false or misleading information or documents to a Biosecurity officer.
More information about Australia’s Biosecurity laws is available at Department of Agriculture and Water Resources website.
Importation of objectionable goods
The Minister has the power to cancel a temporary visa if you import objectionable goods and materials without permission.
Objectionable goods includes material that describes, depicts, expresses or otherwise deals with matters of:
- sex
- drug misuse or addiction
- crime
- cruelty
- violence or
- revolting or abhorrent phenomena in a way that would offend a reasonable adult.
It also includes goods that depict children under 18 years of age in a way that would:
- offend a reasonable adult
- promote crime or violence
- promote drug misuse or
- advocate the doing of a terrorist act.
For more information about prohibited goods and materials see: List of prohibited items
Criminal Justice Entry visas
If you have a Criminal Justice Entry visa, or you stayed in Australia after Department cancelled your Criminal Justice Entry visa, the only visa you can apply for is a Protection visa.
Refused a Protection visa
- You can’t apply for a Protection visa again if, since you last entered Australia, Department refused you a Protection visa.
- You can only make an application for another Protection visa if the Minister decides it is in the public interest to let you submit a further application.
Request a visa cancellation
If you hold a temporary visa with more than 6 months validity, you may request visa cancellation of your visa through ImmiAccount. Only the visa holder or an authorised agent may make a request.
Department will not process any requests to cancel visas that have less than 6 months validity.
You are able to access your superannuation once Department has cancelled your visa or it has expired.
See Access your super.
Temporary Sponsored Work Visa Holders
You will need to request cancellation of your visa in order to make a claim for your super if you:
- hold a temporary sponsored work visa with more than 6 months validity
- have ceased employment and
- have departed Australia.
Business Sponsors
To notify the Department of a Visa Holder’s cessation of employment via ImmiAccount you must complete the ‘Notification of Sponsor Changes’. You can access this form through a link in your original sponsorship application.
For further instructions see Notification of Sponsorship Changes (299KB PDF).
Waiting for outcome of application
If you apply for another visa in Australia Department may grant you a Bridging Visa A (BVA) or other Bridging visa. The bridging visa comes in to effect when your current visa ceases. You need to comply with the conditions of your current visa until the bridging visa comes into effect. Cancelling your visa will cause your Bridging Visa A to cease at the same time.
If Department cancels your current visa, you will need to apply for a Bridging Visa E. This will not affect your current visa application, however, you will have limited visa options if your current visa application is not granted
Appeal a refusal or cancellation
If Department of Home Affairs (DHA) refuse or cancel your visa, you may be able to apply for a review it’s decision. You cannot appeal a decision if the Minister made the decision personally.
The independent Administrative Appeals Tribunal (AAT) is responsible for undertaking merits review of departmental decisions, including visa cancellation decisions.
Appeals have strict time limits. You must apply in writing within the time specified by the Department in our decision notification letter.
It is available to you to seek judicial review if you believe the refusal or cancellation decision was not lawfully made.
You may wish to seek assistance with your immigration status from a registered migration agent, or engage independent legal advice.
Emigrate Lawyer Services
1. Initial Consultation
- Understanding your unique situation
- Assessing the grounds of the NOICC
- Outlining potential strategies and options
2. Legal Advice and Representation
- Detailed review of your immigration history and current status
- Advice on the legal implications of the NOICC
- Representation in all communications with the Department of Home Affairs
3. Response Preparation
- Drafting a detailed and persuasive response to the NOICC
- Gathering and organizing supporting documents and evidence
- Ensuring all submissions meet the required legal standards
4. Appeals and Reviews
- Representing you in appeals to the Administrative Appeals Tribunal (AAT) if the NOICC leads to visa cancellation
- Guidance on seeking judicial review in the Federal Court if necessary
Steps to Take When You Receive a NOICC
At Emigrate Lawyers, our mission is to provide you with the highest level of legal support during this challenging time. Our expertise and dedication are your best assets in responding to a NOICC and safeguarding your future in Australia.
For immediate assistance, please call us at 1300 807 134 or email us at info@emigratelawyers.com. You can also visit our office at Suite 807, Level 8, 365 Little Collins Street, Melbourne VIC 3000 for a face-to-face consultation. Let Emigrate Lawyers be your trusted partner in navigating the complexities of immigration law.
Why Choose Emigrate Lawyers?
Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.
We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.
We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.
Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.