Grounds for Visa Cancellations
<06 June 2018> There are a number of grounds that the Department of Home Affairs can cancel your visa (including, but not limited to):
- The circumstances for grant of the visa no longer exists
- Provided false, misleading or incorrect information/documents in the past
- Breach of visa conditions
- Convicted of a crime, or otherwise failed the character test
Once the cancellation process has been engaged, there is very limited time for you to act. Therefore, time is of the essence. There are two documents that you may receive:
- Notice of Intention to Consider Cancellation (NOICC)
- Notice of Cancellation (NOC)
What to do if your visa has been cancelled?
Most people will receive a NOICC first which allows you to respond, whilst some get a NOC straight away. There are 2 cancellation powers, discretionary or mandatory. Where it is discretionary, even if there are grounds to cancel your visa, you may request the Department to exercise its discretion ‘not’ to cancel your visa. You will have a short amount of time to respond to the Department before they proceed to cancel your visa. Where it is mandatory, you will still have the right to ask the Minister to revoke the visa cancellations.
What to consider once your visa has been cancelled:
- The possibility to review or appeal the decision
- The grounds on which you can apply
- The procedure for requesting a review or appeal
- The time limits involved, and the possible expenses
- The body you can appeal to. If there are different options, what are the merits of each?
- The prospects of successfully overturning the initial decision
- Your visa status while applying for review and awaiting an outcome