Australian Permanent Visa Cancellation

Explore the Grounds for Australian Permanent Visa Cancellation

 

It is believed that a PR visa holder in Australia can build a family in the country without worrying about visa cancellation. But, what if I tell you that this is not correct? Because, Permanent residency in Australia does not remain permanent as everyone has thought it for decades. In 2013, the Australian Government changed the Migration Act to permit the Immigration Department to cancel a person’s visa if they ever had received a 12-month jail term or failed to comply with PR conditions.

 

Under section 501 of this Migration Act, the Australian Government canceled 600 permanent residency visas in one year. Almost sixty percent of these Australian permanent visa cancellations came for New Zealand citizens.

So, the Department has the power to cancel your visa, whether temporary or permanent, if you fail to follow the visa requirements or conditions. Even Australian citizenship gets canceled under specific circumstances. Therefore, it is important for all immigrants to understand the conditions under which a visa can be canceled and what the consequences of Australian permanent visa cancellation are. In case your visa is canceled, you still have the opportunity to revoke or avoid it, given that you took action against cancellation at the time.

So, if you are searching for the reasons that can lead to Australian permanent visa cancellation, how to avoid it, or how to appeal for visa revocation, read this blog post. It will provide a comprehensive overview of different sections of the Migration Act under which your permanent visa can be canceled in Australia. Before heading to the reasons, let’s first understand the basics of Australian permanent visa cancellations.

 

Explore the Australian Permanent Visa Cancellation Grounds

The Department of Immigration and Border Protection (DIBP) has the authority to revoke any type of visa under the Migration Act. The visa cancellation can be mandatory or optional, based on character grounds. Under mandatory cancellation, the Department usually cancels your permanent residency and then informs you about the cancellation of your visa. In this case, you will be provided with an opportunity to convince the Minister or Department with documents supporting the revocation of your visa cancellation. 

Australian permanent residence visa cancellation can be discretionary if you submit incorrect information or fraudulent documents under section 109 of the Migration Act. In this situation, you will be given a Notification of Intention to Consider Cancellation (NOICC) of your permanent visa. After receiving the NOICC, you need to explain to the Department why they should not cancel your permanent residence visa. Your visa then may be revoked depending on how strongly you are able to convince the department.

 

Visa Cancellation Under Various Sections of the Migration Act

The Migration Act is a very important part of the Australian legislation that deals with immigration and issuance of different types of visas. This act sets the basis for applicants to enter the country by specifying necessary requirements for each visa category. Sections 109, 116, 128, 134, 137 and 140 of this act deals with the cancellation of a permanent visa under various circumstances, which are discussed in the table below;

Section Grounds for Cancellation Applicability
Section 109 Cancellation based on incorrect information or fraudulent documents. Applicable to all visas. 
Section 116 Cancellation based on character grounds. Applicable to all visas.
Section 128 Same as section 109 or section 116 cancellations.  Applicable to all visas. 
Section 134 Cancelation of permanent business migration visas if they fail to meet the visa conditions. Permanent business migration visas.
Section 137 Cancellation if you fail to abide by the conditions of your visa. Regional Sponsored Employment visas.
Section 140 Applicable in cases where the main visa holder’s visa is canceled. Consequential cancellation
Section 501 Cancellation on character grounds. Applicable to all visas.

 

Important Points

  • Under sections 109,128 and 501 of the Migration Act, the majority of permanent visas will get canceled. 
  • The DIBP will notify permanent visa holders and provide them with a specified time period to provide an explanation for why their visa should not be canceled. 
  • However, the Government can cancel or revoke a visa under section 501 without notifying the visa holder. 
  • Even worse than that is section 128 of the Australian Constitution, under which a permanent visa holder may face visa cancellations without their knowledge while they are outside of Australia. In such cases, they might lose even the right to review.

Let’s discuss the visa cancellation under these sections in detail.

 

Visa Cancellation Based on Incorrect Information

Under section 109 of the Migration Act, the Australian permanent visa cancellation occurs when an applicant provides incorrect or fraudulent information on a visa application.

The Department of Immigration cancels the PR of a person if he;

  • Presented the bogus or fraudulent documents to the decision maker.
  • Did not fill out a visa application properly or provided incorrect information.
  • Failed to inform the Department about changed circumstances or misleading information.

The Department of Immigration retains the authority to cancel the visa, subject to the conditions outlined in the Migration Regulations and the holder’s response. Visa cancellations under sections 109 and 116 also affect the visas of the applicant’s family members. However, these visa cancellations are not mandatory.

 

What is a Fraudulent Document?

A document is considered fraudulent if the Department of Immigration has reasonable suspicions or it is  an unauthorized reproduction or alteration of a genuine document. It is also called a bogus document that is false, misleading or altered in a way that makes them illegal. So, a fraudulent document is one that;

  • Consists of the claims that an applicant has made before applying but failed to fulfill them.
  • Contains a false or deceptive statement that is either made by the applicant intentionally or by mistake. 
  • Consists of information that was modified by an unauthorized person or organization.

 

What to do if a PR visa gets canceled based on incorrect information?

If your PR visa is canceled based on providing the incorrect information, go through your visa application and check the necessary details that you have provided. This is the best you can do after receiving the notice of intention to consider visa cancellation by DIBP. Once you check your application, gather necessary supporting documents to convince the department why they shouldn’t reject your visa. It is better to take professional advice in this matter to prevent yourself from further complications.

You can also contact us to get professional help sorting out your permanent residency visa cancellation in Australia. 

You should also read:  What to Do After Visa Cancellation in Australia?

 

Visa Cancellation Based on General Grounds

Under section 116, the Department can cancel your permanent visa if you are no longer meeting the required visa conditions. Usually, the Department notifies the visa holders by sending notice of intention to cancel the visa so that the applicant can get the chance to respond to the visa cancellation. Under this section, your visa may be canceled under specific circumstances, including the failure to comply with course requirements. Moreover, the Department can cancel a permanent visa under section 116 if;

  • The Visa holder has not followed the conditions of the visa.
  • The conditions that allowed for the visa’s issuance have changed.
  • The health, safety, or general well-being of the Australian population would be in danger by the holder’s presence in Australia.

Note: Australian permanent visa cancellation does not apply to the people who have entered the country legitimately. However, if the holder has not yet entered Australia and the Department finds any illegal activity, the visa will be canceled without notifying the applicant.

 

Visa Cancelation Based on Section 128

Under section 128, a permanent visa can be canceled if the visa holder is offshore and also complies with the cancellation reasons mentioned under sections 109 or 116. This authority differs significantly from sections 109 or 116 in that the Minister is not required to give prior notice of intention to consider visa cancellation. Rather, notification of the cancellation of the visa and an invitation to request revocation of the cancellation must be issued to the visa holder. 

If the visa holder was in Australia (and not in immigration custody) at the time of the cancellation, then the Department will consider conducting a merits review. However, If the visa holder was outside of Australia or in immigration custody when the cancellation happened, the merits review is often not accessible

Is it possible to stop the termination of this visa? No. 

Is it possible to revoke and appeal for this visa cancellation?

Yes, you can revoke the visa cancellation. Contact us at The Migration for more detailed information on this issue.

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Visa Cancellation Based on Character Grounds

Section 501 of the Migration Act deals with the visa cancellation that occurs when an applicant couldn’t fulfill the character requirements set by the Australian Government. So, if you are unable to pass the “character test”, the Department of Immigration may cancel your visa. The Minister is granted a great deal of authority under this section. The Migration Act even permits the Minister to revoke a visa without notifying the visa holder or inviting him to respond against cancellation. 

Cancellations under this section are complicated. Usually, the affected visa holder misunderstood the process and did not seek professional advice immediately unintentionally placing themselves at the risk of deportation from the country.

 

Common Reasons of Visa Cancellation

According to the Migration Act, an individual is said to have failed the character test if he fulfills any of the conditions mentioned in subsection 501. Here are the reasons that lead to visa cancellations based on character concerns;

  • A substantial criminal background. 
  • Conviction for crimes regarding the custody of immigrants.
  • Presents a significant risk to the Australian community.
  • Relationship with individuals who may have committed crimes in the past, present, or future.

To learn more about visa cancellation based on character grounds, read: What is Australian Visa Cancellation on Character Grounds?

 

What to Do Next, If Australian Permanent Visa Cancellation Occurs?

Revocation of your permanent residence visa depends upon a number of factors, including the kind and severity of your behavior and the danger to the community. In case the Government cancels your visa, you may be able to request a review of their decision. But you can’t appeal a decision that was made by the Minister directly. Departmental decisions, including cancellation of visas, are subjected to a merits review by the independent Administrative Appeals Tribunal (AAT)

However, you have to follow the deadlines for the appeal process. The notification letter from the Department includes the deadline for submitting a written application. As a result, you must submit the application within the allotted time. If you believe that the decision to terminate your visa was made illegally, you can ask for a judicial review as well. It is better to seek professional assistance to deal with the visa cancellation and revocation process.

 

How Can The Migration Help You?

Australian immigration law is difficult to understand, and without complete knowledge, many applicants could unintentionally risk their permanent residency, which may even lead to cancellation. In such complicated and sensitive situations, seeking professional guidance is important for you.

The Migration is a registered Australian company that offers affordable and genuine consultation services. We at The Migration understand the intricacies related to visa processing and deal with each case by providing customized solutions. With MARA-certified agents in Australia, we aim to provide more streamlined and hassle free services. Therefore, book a consultation now and get the solutions relevant to permanent visa cancellation.

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FAQs

Q: 1 Can I renew my PR more than once?

Yes, you can renew your Australian permanent residency cards as often as you want, given that your PR status remains valid during this period.

 

Q: 2 What is the most common reason for visa cancellation in Australia?

Providing incomplete or incorrect information is the most common reason for Australian permanent visa cancellation. It may include missing information, incorrect ID or passport numbers, or other paperwork-related errors.

 

Q: 2 What happens if a PR is rejected?

If your permanent resident visa gets canceled, follow these steps to regain it. 

  • Assess your PR application to determine the probable causes of its cancellation.
  • Make the necessary improvements before reapplying.
  • Write an appeal letter in response to your PR rejection.
  • To improve your strategy, consult immigration professionals.

 

Q: 3 How to avoid visa cancellation in Australia?

It is important to thoroughly read the rules and make sure all required documents are submitted in order to avoid visa rejections in Australia. In case your application is canceled, you can challenge the decision or submit a new application with supporting evidence.

 

Final Thoughts

So, there you have it- the visa cancellation types, reasons for cancellation, and what to do to avoid this cancellation. If your visa is canceled, understand the reason and take action accordingly. Make sure to respond within the allotted time period otherwise the Government will deport you from the country. I would prefer to consult with an immigration lawyer for better guidance. 

I, Samavia Shahid, am providing guidance to aspiring Australian migrants through my blogs. I share comprehensive information regarding complex visa pathways that will guide you towards the right course of action to acquire your immigration goals.