We’re your trusted visa cancellation lawyers
If your visa’s been cancelled, don’t panic – but it is essential to act fast. Our team of expert visa cancellation lawyers can help you understand why your visa’s been cancelled and explore your options to stay in Australia.
What is a visa cancellation?
When an Australian visa is cancelled, this means that a visa previously granted by the Department of Home Affairs (DOHA) ceases to be valid. Visa cancellations can be made by the Department, a Minister or the delegate of a Minister. These can be discretionary cancellations, mandatory cancellations, or by operations of law.
There are a number of reasons why a visa may be cancelled, including: if you haven’t followed your visa conditions, on character grounds, or if you provided false information on your visa application.
What happens when DOHA cancels an Australian visa?
The Department will usually notify the visa holder first of its intention to consider cancelling the visa, giving you an opportunity to put forward reasons why your visa shouldn’t be cancelled.
If you are in Australia without a valid visa, you could face serious consequences, including immigration detention and removal from Australia.
You may also be restricted from making any future visa applications to Australia, or be prevented from being granted certain visas to travel to, enter or stay in Australia, and the visas issued to any of you dependent family members may also be cancelled.
Why work with an expert visa cancellation lawyer?
Working with an immigration lawyer will give you the best chance at overcoming a potential visa cancellation – or avoiding it in the first place.
- Your PAX lawyer will have extensive experience in handling visa cancellations
- Doing visa applications and appeals yourself puts you at risk of making potentially irreversible errors.
- Your PAX visa cancellation lawyer will be fully informed of the law, regulations, policy, Review Tribunal and case law decisions. Applying the law is critical; just knowing it isn’t sufficient.
- Each visa is different, and your PAX lawyer will treat it as such.
- Your dedicated PAX lawyer will manage your case from start to finish and be available anytime for questions.
Our promise to you
- We get things right the first time, helping you avoid mistakes on visa applications and visa review applications that lead to costly and stressful refusals or delays.
- We’ll provide you with professional support and immigration assistance to lighten the burden of your legal matters, so you can focus on what matters.
- We’re considerate of your financial circumstances. Our immigration lawyers provide you with accurate and fair visa costs throughout the legal process.
- Ethics and integrity underpin everything we do at our law firm, from the corporate clients we serve to the quality of work we deliver.
What to do if your visa has been cancelled
If you receive a notice of intent to consider cancellation of your visa, it’s important to act quickly, as any opportunities to provide additional evidence or to appeal the decision have strict time limits.
It’s a good idea to seek legal advice as soon as possible, to have an expert to help you explore all your options and help to give you the best chance at a positive outcome.
1. Understand why your visa has been cancelled: Carefully read your visa cancellation notice and take note of important information, such as the reason for cancellation and whether you’re entitled to have the decision reviewed by the Administrative Review Tribunal (ART).
2. Confirm your visa status: You’ll need to confirm your current visa status as a result of the cancellation. If you’re in Australia when the visa is cancelled, it’s important that you are a lawful non-citizen (meaning that you hold a valid bridging visa or substantive visa) – if you don’t, it could limit your ability to be granted Australian visas in the future.
3. Consider your options carefully and work with an expert: If you’re entitled to a review, you’ll need to apply within the deadlines. If you aren’t eligible for a review or you decide not to apply for a review, you might be able to apply for another visa while you stay in Australia.
There are significant factors to consider with both of these options, including time delays and additional costs. An immigration lawyer or registered migration agent will be able to help you understand all your options, provide legal advice and find the best solution for your situation.
FAQs
Why might the Department of Home Affairs cancel an Australian visa?
“An Australian visa may be cancelled due to a range of reasons,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. These reasons include:
- You haven’t complied with visa conditions
- You provided the Department of Home Affairs with incorrect or fraudulent information or fake documents or your circumstances have changed since the visa was granted
- You could be a risk to the Australian community
- You have been charged or convicted of an offence
- You didn’t meet the character requirements (Section 501)
- You haven’t complied with a work-related visa condition
- You’re longer enrolled in a registered course (as a student visa holder)
If your Australian visa is cancelled, can you appeal the decision?
“If your Australia visa is cancelled on character grounds and you are in Australia, you will be notified in writing, with reasons provided for the cancellation and advising you if you have a right to a review of the decision,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “You may be able to have the decision reviewed by the Administrative Review Tribunal (ART) (formerly known as the Administrative Appeals Tribunal, or AAT).”
“If the decision to cancel a visa has a legal error, you might be able to seek a judicial review of the decision through the Australian court system. If your visa is cancelled due to a decision that was made by the Immigration Minister personally, you can only seek judicial review (not the ART). Be aware that appeals have strict time limits. You must apply in writing within the time specified by the Department in the visa cancellation decision notification letter,” says Mario.
Meet the PAX Law Team
PAX Law founders Mario and Constantine are respected thought leaders in Australian immigration law and lead our team with the highest standards of ethics and integrity. We recognise the level of trust you place in us and provide emotional support throughout the entire visa process.
Mario Amor
Principal Solicitor
Constantine Paxinos
Director
Christina Paxinos
Practice Manager
Natalia Zambrano
Assistant
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Next steps
Fill in the below form to book a personalised, one-on-one consultation with one of our expert visa immigration lawyers. We can meet online or in person at our Sydney or Adelaide offices.
The personalised consultation costs $330 (this includes GST), and we’ll credit this fee against the overall price for the visa process. During the hour-long consultation, you’ll receive a genuine analysis of your case and personalised advice to help you understand your strategy, risks, timelines, costs, and pros and cons of different options.
Together, we’ll work to achieve your immigration goals and secure your future in Australia.
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