Everything You Need To Know On Visa Cancellations

Overview of Visa Cancellation

There are 2 main stages to visa cancellations:

1. Before Visa Cancelled - You need to respond to the Department of Immigration as to why they should not cancel your visa.

2. After Visa Cancelled - Your visa has been cancelled and you need to appeal the decision.

Stage 1: Before Your Visa Is Cancelled

In preparing cancellation of visas, it is important to determine the following:

1. What power under which the cancellation is being considered?

   • Did the Department of Immigration use the correct power?

2. What grounds is the Department of Immigration basing the cancellation on?

   • Has the Department of Immigration considered the most appropriate ground, the visa should be cancelled for?

3. What laws and policies does the Department of Immigration rely upon?

   • Has the Department of Immigration followed proper procedures in issuing the Notification of Intention to Consider Cancellation “NOICC”?

4. Is the cancellation power, mandatory or discretionary?

   • Are the grounds considered by the Department of Immigration sufficiently made out or can they be challenged?

   • If discretionary, what are factors must the Department of Immigration consider in your favour?

   • Have you prepared a list of evidences to support why your visa should not be cancelled?

5. What are the time limits to respond?

   • Is there a legal basis to seek an extension of time to respond?

   • Were there any defect with the Notification of Intention to Consider Cancellation “NOICC”?

6. What information does the Department of Immigration posses?

   • Have you sought a request under the Freedom of Information Act to retrieve all the information the Department maintains on you?

TABLE of CONTENT

Overview of Visa Cancellation

Types of Visa Cancellation Powers

Deciding which Cancellation Powers

Procedures in Visa Cancellation

Time Limits to Respond / Appeal

Consequences to Visa Cancellation

How to Win Visa Cancellation

Client Testimonials

Stage 2: After Your Visa is Cancelled

In the event your visa has been cancelled, it is important to determine the following:

1. What are the consequences of the visa cancellation?

   • Are you barred from applying for another visa?

   • Does the 3 years exclusion period apply to you?

   • What happens to ongoing lodgments that have not been decided?

   • What happens to your family members?

2. What visas can you apply to maintain a lawful status?

   • Can you apply for bridging visa E, with work permission?

3. Can the decision be appealed? If yes, where do you lodge the appeal?

   • Administrative Appeals Tribunal “AAT”; or

   • Judicial Courts

4. What are the time limits to appeal?

   • 2 days?

   • 7 days?

   • 21 days?

   • 28 days?

5. How to formulate a plan to win the appeal?

   • Did the Department of Immigration follow proper procedures?

   • Did the Department of Immigration make any mistakes?

   • Does the Department of Immigration case officer have the delegated powers to consider cancellation?

   • Have you prepared a list of evidences to support why your visa should not be cancelled?

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