Visa cancellations and Revocations
At Amity Lawyers, we have extensive experience in assisting individuals with complex migration histories and issues; Including those whose visas considered for cancellation, have been cancelled, have character, health issues, or have difficulties evidencing their identity. Given the complex and risky nature of these matters, it is essential the assistance of a migration lawyer to maximise the chances of a successful outcome.
The Department will usually notify you of its intention to consider cancelling your visa and allow you to put forward reasons why it not should be revoked. If this is your situation, contact us as soon as possible because there are often short time-frames for you to send a response. We can assist you contesting or reviewing the following categories of visa cancellations:
Section 501 - Character grounds
If you did not pass the character test and your visa has been refused or cancelled by a delegate under section 501, you can apply to the AAT to have this decision changed. The Administrative Appeals Tribunal (AAT) cannot review decisions made by the Minister personally, only decisions made by delegates.
Section 134 – Business Visas
Under this section, permanent business migration visas are cancelled where visa holders fail to abide by the conditions of their visa.
Section 137Q – Reg. Sponsored Employment Visas
This section states that a Regional sponsored employment visas are cancelled where the holder fails to abide by the conditions of their visa.
Section 140 – Consequential Cancellation
Under this section, the visas of dependent family members are cancelled when the principal visa holder’s visa is cancelled.
Section 116 – General grounds
This section states that the Minister for Immigration may cancel a visa if they believe that the presence of the visa holder in Australia can potentially represent a risk to the health, safety or good order of the Australian community or a segment of the Australian society; or the health or safety of an individual or individuals.
Section 109 – Incorrect information
The cancellation under this section occurs where a visa was granted based on incorrect information or false document (this applies to all visas, Permanent or Temporary Visas).
Section 128 – Visa Holder Outside Australia
Same as S109 or s116 cancellations. Visa holders that are offshore, generally, do not receive a notice of intent to cancel before cancellation.
Immigration detention matters
Our migration lawyers can give you advice if you are currently in one of the Immigration detention centres in Australia as an unlawful non-citizen. Unlawful non-citizens are anyone who has arrived in Australia without a valid permit entry (e.g., asylum seekers arriving by plane); someone who has had their visa cancelled or has overstayed their visa.
A mandatory cancellation may be revoked by a delegate of the Minister or the Administrative Appeals Tribunal if the person passes the character test or where there is another reason for revocation. The Minister has the power to overturn this decision; If a delegate or the Tribunal revokes a mandatory cancellation, the person will get their visa back.
A mandatory cancellation may be revoked by a delegate of the Minister or the Administrative Appeals Tribunal if the person passes the character test or where there is another reason for revocation. The Minister has the power to overturn this decision; If a delegate or the Tribunal revokes a mandatory cancellation, the person will get their visa back.
COMMON QUESTION
You were non-compliant with your visa conditions
You are involved in paying for visa sponsorship.
You did not meet the department character requirements
You provided false information on your visa application
You are non-compliant with your student visa conditions, or you no longer are enrolled in a registered course.
Please note that once your visa is being rejected, the Department may cancel the visas held by your family members as well.
Yes, while your visa application is going through the appeal process, the Department will issue you a Bridging visa, that allows you to stay in Australia until they make a decision.
Yes, all kind of visas including Permanent visas, can be cancelled by the Department of Immigration and Border Protection (DIBP). Even more, Australian citizens can have their visas cancelled under certain circumstances. You can avoid to have your visa cancel or revoke a decision after it got cancelled contact us today to review your case
If you have any questions about Family visas Book a consultation with one of our experienced immigration lawyers to discuss about your personal options.