Visa Cancellations & Notices of Intent to Consider Cancellation

Has your visa been cancelled or have you received a Notice of Intention to Consider Cancellation?

If you have received a cancellation or Notice of Intention to Consider Cancellation from the Department your next steps are very important.

The Department of Home Affairs can directly cancel a visa (mandatory cancellation) without providing you any notice (in limited circumstances) otherwise they must notify you that they are considering cancelling your visa.

Received a Visa Cancellation Notice? What Are Your Next Steps?

Once you receive your notice from the Department it is critical that a well-represented and detailed response advocating your position is put forward to the Department which they must consider. It is important that accompanying supporting documentation is also provided.

If your visa has been cancelled directly, you may have the ability to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT) or relevant Courts.

How can we help?

Ethos Migration Lawyers have successfully represented many visa holders (and former visa holders) to avoid a visa cancellation or have their visa cancellation revoked.

Part 5 of the Migration Act set’s out which visa cancellations by the Department can be reviewed/appealed. If you have received a cancellation that you think may be eligible for review, please contact us.

Ethos Migration Lawyers will fully review your matter providing frank advice on prospects of appeal (remember, the tribunal can only work within the law, so it is our role to demonstrate how the Department has misinterpreted the law, or has made an unlawful decision), we will prepare all aspects of the appeal including written submissions to the Department/Tribunal or Court, assist in the preparation and collection of evidence to be used, provide representation and advocate for our clients relentlessly.

If you have any questions about visa cancellations, or would like to speak to one of our immigration lawyers and registered migration agents for more information on Australian visas get in touch with Ethos Migration Lawyers today.

How We Can Help?

If you have had your visa cancelled, or you have received a Notice of Intent to Cancel Visa, Ethos Migration Lawyers can work with you to structure a strong response to the Department to seek the cancellation be revoked, or in the case your visa is already cancelled, prepare for and represent you at the Administrative Appeals Tribunal for the decision to be overturned.

The Migration Division of the Administrative Appeals Tribunal is responsible for reviewing all migration matters that are eligible to be reviewed. Ethos Migration can assist client’s have their matter’s reviewed at the tribunal with the intention to receive a more favourable decision.

Visa Cancellation Or Notice Of Intent To Cancel Visa (NOIC) – Have You Received A Visa Cancellation Or A Notice Of Intent To Cancel Visa?

Under the Migration Act 1958 the Department of Home Affairs has the power to cancel your visa for a number of reasons which include:

  • Providing the Department with false, misleading or bogus information/evidence
  • Not complying with the conditions imposed on your visa
  • Certain circumstantial changes that no longer permit you to hold a visa
  • A failure of the character test due to criminal activities

If the Department is considering cancelling your visa, it is required by law to notify you of this intent to cancel in the form of a ‘Notice of Intent to Cancel Visa’ and must provide the visa holder with an opportunity to respond. 

What Are Your Next Steps?

If you’ve receive a visa cancellation notice, strict time limits apply in relation to your opportunity to respond and it is highly recommended you seek professional representation when responding to the Department. All information you provide to the Department, can, and will be used against you if required.

In some cases, the Department can cancel your visa without providing notice if able to do so by law.

If your visa has been cancelled, you may have the opportunity to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT). Again, strict time limits apply so it is best to seek legal representation as soon as possible.

Our Role

We will thoroughly assess the reasons for the intended visa cancellation, or visa cancellation (if it has already been cancelled) and advise on what options you have moving forward. If the cancellation is being considered, we will represent you on your behalf to the Department to put forward a strong submission advocating why your visa should not be cancelled, and if it has already been cancelled, we can assist with your preparation and representation at the tribunal for a review of the cancellation.

Please contact us immediately for further assistance with a visa cancellation.

Need Assistance with Your Visa Cancellation?

Schedule a Consultation with Ethos Migration Lawyers for Expert Immigration Advice and Assistance

Visa Cancellations Frequently Asked Questions

Cancellation of your visa may have certain ramifications which will prevent you from applying for further visas in Australia. If you visa has been cancelled, we recommend you book in a consultation to discuss how your visa cancellation will affect your stay in Australia.

Yes, permanent residency visas can be cancelled under certain circumstances.

This depends on the reasons your visa was cancelled. Some visa cancellations come with exclusions periods whilst other cancellations do not.

In most cases, when your visa is cancelled you have seven working days after you are notified of the decision to cancel your visa to have the decision reviewed by the Administrative Appeals Tribunal (AAT).

Once your visa is cancelled it is important you take immediate steps to regularise your status in Australia until you are able to depart. In most cases this would mean applying for a Bridging Visa E on departure grounds.

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