Can My Visa Be Cancelled?
Having a visa granted always comes as a relief for any visa applicant. However, do you know that a visa (temporary or permanent) can be cancelled at any time under certain circumstances? Consider the infamous deportation of Novak Djokovic during the 2022 Australian Open when then Minister Alex Hawke exercised his powers to cancel Mr Djokovic’s visa under the pretext that his presence would incite anti-vaccination sentiments. Mr Djokovic’s legal team unsuccessfully argued amongst other points that the Minister was irrational, illogical and/or unreasonable not to consider deporting him, the same alleged anti-vaccination sentiments could be whipped up.
It is essential to understand that the Minister for Home Affairs or his/her delegates have the power to cancel a visa at any time. In some circumstances, you can make a request to the Minister to cancel your own visa. Any other third party including your migration agent/lawyer, employer, sponsor, spouse/partner or family member does not have the authority to cannot cancel your visa.
Reasons why your visa may be cancelled
Several factors could lead to the cancellation of your Australian visa. Common scenarios include:
Breach of Visa Conditions: If you breach any visa conditions attached to your visa, it may lead to cancellation. For instance, a student visa might be cancelled if the visa holder fails to meet course requirements or is not enrolled full-time.
Reasonable Suspicion of Breach: Cancellation may occur if there is a reasonable suspicion that visa conditions are being breached. For example, if someone you may know reported your breach of visa conditions to the Department of Home Affairs (DoHA), and DoHA has reasonable suspicion of your potential breach, your visa might be cancelled.
Providing False Information: Cancellation may be initiated if any bogus documents, or false, or misleading information is provided during the application process. For instance, your visa might be cancelled if you have provided a copy of a fake document (i.e.: police check) for your current visa application.
Pending Criminal Charges: Visa cancellation could result from pending criminal charges. For example, your visa may be cancelled if you have been charged with traffic offences, even if this charge has not been finalised by the court.
Failure of the Character Test: Visa cancellation may be triggered by a failure to meet the character test. You may not meet the character test if you have substantial criminal records, etc. For example, if you had been sentenced to 2-year community service, you would not pass the character and would face cancellation.
Visa Cancellation process
If you are in Australia and the Minister intends to cancel your visa, you will receive a Notice of Intention to Consider Cancellation (NOICC). This serves as a warning, providing you with an opportunity to respond and present reasons why your visa should not be cancelled. Seeking legal advice upon receiving this notice is advisable.
If you respond to the notice, and the Minister accepts your response, your visa will remain valid. However, if the Minister does not accept your response or you choose not to respond, a Notice of Cancellation will be sent to you via post, email, or in person.
How Can Agape Henry Crux Help
If you have already received a NOICC or if you are concerned about having your visa cancelled, keep in mind that you only have a limited time to respond to the Department of Home Affairs.
Contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.