What to Do After Visa Cancellation in Australia

What to Do After Visa Cancellation in Australia?

We understand receiving a notification of visa cancellation in Australia is quite distressing, particularly if it interferes with your long-term plans to move to Australia permanently. However, keep in mind that getting your visa canceled is not the end of the world. 

 

Even though the consequences of canceling your visa to Australia might be severe, there are still alternative options you can follow to make things work out well in the end. Knowledge is the key to preventing visa cancellation in Australia.  Therefore, it is important for you to understand the basic visa application process.

 

Non-citizens living in Australia may experience visa cancellation, potentially resulting in deportation. It includes individuals who are on New Zealand Special Category visas, permanent visas, and even those who were born in Australia but are not citizens. So, if you receive a notice of intention to cancel your visa or notice of cancellation from the Department of Home Affairs, you have to respond to the cancellation as soon as possible. Otherwise, you would be detained by law. 

 

Moreover, the Government will expel you from the country if you are unable to apply for another visa within the specified time period. To learn more about the visa cancellation process and the reasons for cancellation, let’s first understand what is the visa cancellation in Australia and then look into the reasons that may result in your visa cancellation.

Types of Visa Cancellation in Australia

Visas can be revoked for engaging in illegal activity, providing false information to the authorities, failing to comply with visa requirements, or being unable to provide identification. Therefore, the time period to respond to the visa cancellation is different depending upon the decision-maker and the relevant section of the Migration Act. Usually, the decision letter states the time limit within which you have to respond. The Australian Government can cancel your visa based on various reasons. Have a look at various types of visa cancellation in Australia;

  • Immigration Detention
  • Section 116 Visa Cancellation
  • Section 501 Visa Cancellation

1. Immigration Detention

The term “immigration detention” describes the detention centers operated by the Australian Government that detain individuals who do not currently possess a valid visa for Australia. Numerous detention centers for immigrants and refugees exist both inside and outside of Australia. If you are in Australia illegally and do not have a valid visa, you may be held in immigration detention.

Reasons for Immigration Detention

According to the Migration Act, a person without a valid visa is an unauthorized non-citizen and needs to be in immigration detention. An individual may be in violation of the law because their visa was canceled, expired or they entered Australia without a valid visa. A person can only be detained by the Australian Government if they are: 

  • Organizing their deportation from Australia.
  • Receiving, investigating and evaluating a visa application authorizing the applicant to enter and reside in Australia.

What to Do Next?

It is advisable that you see an immigration lawyer right away if you have been arrested and put in immigration detention.

2. Section 116 Visa Cancellation

Under section 116 of the Migration Act, the Department has the power to cancel your visa. If you’ve broken any laws in Australia or if you gave false information on your visa application, your visa may be revoked. Section 116 permits the Minister to revoke a visa for the following reasons:

  • If you have broken the conditions of your visa.
  • If you present a threat to the people of Australia.
  • If you have given false information about your visa.
  • If you have acquired a visa based on a misleading fact or condition.
  • You are no longer eligible for your visa because of a change in your circumstances.

Note: If you think you may have given false information to the Department of Home Affairs or that you have broken Australian law, it is important to consult with an attorney.

3. Section 501 Visa Cancellation

The Minister may deny or revoke a visa in accordance with section 501 of the Migration Act if they are not convinced that the applicant satisfies the character test. Section 501 states that if the non-citizen fails “the character test,” their permanent visa,, as well as other visas, might be canceled or denied. Section 501 revocation will impact both current visa holders and new applicants. It makes no difference how long you have had your visa, whether you were born in Australia or arrived as a youngster. Following  are the reasons that can lead to cancellation of your visa in Australia;

  • A substantial criminal record refers to a record of one or more convictions from the past or present, totally more than a year and a half in jail.
  • The danger of committing crimes or acting badly in the Australian community in the future.

Committing a crime or running away while in immigration custody.

  • Engaging in child sex offenses
  • Being linked to suspected criminals.
  • Being accused of a major international crime.
  • Being suspected of people trafficking or smuggling.

If your visa is canceled based on the mentioned character grounds since your last visit to Australia, you can only apply for a protection visa. Moreover, if your visa is revoked due to failure in a character test and all appeals fail, you will be deported from Australia and not permitted to return there unless the Minister personally issues you a new visa. 

You should also read: What is Australian Visa Cancellation on Character Grounds?

 

Process of Visa Cancellation in Australia

Some prisoners will automatically have their visas canceled in Australia. However, they will then have 28 days to contest the cancellation decision. A non-citizen imprisoned for a sentence must have their visa revoked by the Minister if he has been convicted to 12 months or more in jail or found guilty of a sexual offense involving a kid. Have a look at the visa cancellation process in Australia.

Step 1

Authorities will notify the Department of Home Affairs about your substantial criminal record. Usually, it happens when you are in prison. The department then examines if it is an automatic case of visa cancellation. DHA usually waits until the final six months of your sentence to begin the cancellation procedure. However, DHA has the right to revoke your visa at any point, whether you are in jail or have been released from custody.

Step 2

After reviewing the case, the department will send you a “Notice of intention to consider cancellation”. This Notice indicates that DHA may withdraw your visa application. As of yet, no choice has been made. You will have the opportunity to explain to DHA why they shouldn’t cancel your visa.

The Minister of Immigration and Citizenship can also cancel your visa. It implies it is the Minister, not a DHA official, who makes the final decision. You cannot appeal to the Administrative Appeals Tribunal (AAT), for this kind of cancellation. However, you should seek legal assistance if your visa is being considered for cancellation by the Minister.

Step 3

A Notice of visa cancellation is sent to you by DHA when your visa is canceled. It indicates that your visa has been decided to be canceled. You must take action immediately. You will have a time period of 28 days to appeal for visa cancellation. However, if the department sends a notification by post, you will be allotted 35 days to revoke visa cancellation.

 

What Happens After Visa Cancellation in Australia?

A visa cancellation in Australia can have far-reaching impacts, some of which are discussed below.

  • You will not be able to stay in Australia if your visa is canceled until you obtain a new one.
  • You can only apply for bridging visas or protection (refugee) visas.
  • You will be removed from Australia and deported back to your home country once your prison term has been served. This is often the place where you were born.
  • You won’t be allowed to return to Australia once you’ve been expelled.

 

What to Do After Visa Cancellation in Australia?

Suppose the Department cancels your visa, now, what’s next? You must be aware of the strategies that may help you to avoid further difficulties and complexities. Let’s find out together what steps you need to take after visa cancellation in Australia:

1. Understand the Reason for the Visa Cancellation

First things first, make sure you thoroughly read the visa cancellation notice you received from the Department. Make a note of any relevant details, including the reason for the cancellation, your eligibility to have the decision examined by the Administrative Appeals Tribunal (AAT), and the deadline for doing so.

2. Confirm your Visa Status

Following the cancellation, you must verify your present visa status. To prevent any more problems or complexities, it is essential that you be a legitimate non-citizen if you are in Australia at the time of the cancellation. If not, you must immediately take action to get your visa status regularized in order to avoid being in violation of the law. If you don’t, it might hinder your chances of getting an Australian visa in the future and, in certain cases, result in the imposition of an exclusion term. However, you cannot apply for another visa if your visa is canceled due to failure in a character test. 

3. Request to Revoke Visa Cancellation in Australia

You can request that the decision be revoked by submitting the revocation request form and the personal circumstances form to the National Character Consideration Center. Forms must be submitted to the Department of Home Affairs by the deadlines listed above. There is no way to extend the deadline. There is no application fee for requesting to revoke visa cancellation in Australia. After submitting the forms, you can continue to add additional information until the department makes a decision on your request.

 

What to Do if the Department Rejects Appeal to Revoke Visa Cancellation?

If the Department of Home Affairs denies your request, you will have nine days to submit an application to the Administrative Appeals Tribunal to re-examine your case. If the AAT does not reverse the cancellation, you will have 35 days to move to the Federal Court in order to determine whether the correct legal procedure was followed. If not, the court remands the case for further consideration.

Important:  You cannot seek the AAT to review a decision made by the Minister or Assistant Minister to deny the revocation request. Only the Federal Court may be asked to reconsider the decision.

 

How Can The Migration Help You?

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The migration laws in Australia are very complicated, and every situation is unique. So, if you are impacted by an Australian visa cancellation, whether it is a partner, student, or permanent visa, it is better to obtain professional advice.

The Migration is a registered company that provides authentic consultation to its clients. With MARA-certified agents in Australia, we provide cost-effective and hassle-free services. Our immigration lawyer will take care of your case. So, trust us and book a consultation now.  Additionally, being well-informed will give you the best chance of having your case successfully resolved. Therefore, you should also read:

What Happens after CoE Cancellation in Australia?

What is the Process of Australia Visa Application?

 

FAQs

If my visa is canceled, can I apply again?

You might not be able to apply for new visas if your visa is canceled. The Government has the authority to grant new visas or reinstate existing ones. However, with the help of a competent immigration attorney who can defend your legal rights, appear on your side in court, and represent you before immigration officials it is possible to reinstate your visa. 

What should I do if my student visa is canceled?

The Department of Home Affairs will send you an official notification of cancellation if your student visa is canceled. It is important that you carefully read this message and adhere to the advice provided. You must get in touch with DHA if you have any more inquiries about the status of your visa. Your visa cancellation letter will provide your case officer’s direct contact information. Advisors for international students might also help you with your circumstances.

 

Final Thoughts

If your visa is canceled in Australia, you still have alternatives. However, it will take longer to accomplish your final objective, and you might have to pay unexpected expenses. What you have to do is understand the basic reason for your cancellation and then consult an immigration lawyer to assist you in sorting things out. You will have to register an appeal for the review of cancellation of your visa, or you can apply for another visa. Whatever option you choose, act quickly, as after the deadline, the Government can expel you from the country.  

 

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.