VISA CANCELLATIONS
If you have received the NOICC or your visa has been automatically cancelled, Read This.
If you have received the NOICC or your visa has been automatically cancelled, Path Migration can help you submit appeal(s) and/or applications to the Department of Immigration. Thanks to our extensive longstanding experience, we ensure a better chance of exemption for you. The Australian law requires every immigrant to consistently comply with all the conditions stated on their visa. Failure to do so may result in reception of a Notice of Intention to Consider Cancellation (NOICC) by the immigration department.
Visa cancellation may occur due to various circumstances, for example if the information you have provided is false or misleading (this includes fake documents as well), or if you have breached any of your visa conditions such as work rights (by working over the mentioned limit), failure to attend the school for a prolonged period of time (while on a student visa) or failure to comply with the character requirements etc.
The Migration Act contains the following sections which are highly relevant to cancellation of a visa:
1. s501: Refusal or cancellation of visa on character grounds
2. s134: Cancellation of business visa
3. s137J: Non-complying students may have their visas automatically cancelled
4. s109: Cancellation of visa if information incorrect
5. s116: Power to cancel
If you have received a notice/cancellation due to any of the above mentioned sections, please read their details here:
1.s501: Refusal or cancellation of visa on character grounds
The minister holds a right to refuse to grant a visa or cancel a visa[1] s if already granted, if they believe that the applicant does not meet the character requirements and or does not pass the character test. There are various reasons for an applicant to fail the character test, for example if one gets convicted of an offence while he/she is in immigration detention, if one is charged with a sexual offence involving a child (onshore or offshore), if one holds a significant criminal record etc.
Expert tip: Time limits on such cancellations are short and stringent. It is always recommended to contact a well qualified immigration lawyer as soon as possible to avoid drastic repercussions. Contact Path Migration by clicking here.
2. Cancellation of Business Visa:
The grounds for cancellation may include
- Section 7 Substantial Ownership Interest: where in the the individual fails to obtain a substantial ownership interest in an eligible business in Australia.
- Section 8 Utilizing skills (Management of the business): where in the department of immigration finds that the individual is unable to utilize their skills in actively participating at a senior level in the day-to-day management of that business.
- Section 7.4 Eligible business: Wherein the individual doesn’t seem to intend to continue to hold a substantial ownership interest in, and utilize his/her skills in the active participation at a senior level in the day-to-day management of the eligible business (onshore i.e. in Australia).
3. s137J: Non-complying students may have their visas automatically cancelled
International students may end up having their visa cancelled if they fail to comply with pre-mentioned conditions such as exceeding working hours (over the set limit of hours), not attending the school they are enrolled in for a prolongedperiod of time etc.
Expert tip: The student’s visa automatically cancels after 28 days of receiving the notice from the department of immigration. It is therefore essential to contact an immigration lawyer as soon as possible so that submissions and or appeal(s) related to the breach can be made on urgent basis. Contact Path Migration by clicking here.
4. s109: Cancellation of visa if information incorrect
If you have supplied false information/documents while submitting your visa application and did not inform the department of immigration within the given time frame, the minister can cancel or refuse your application under s109 of the act. This also includes fake documents and/or certificates and/or reference letters.
Expert tip: Be sure to always double check (and certify if need be) all your documents before submitting your final application. The department of immigration does not differentiate between intentional unintentional errors when such critical evidence of proof is concerned. Choosing a well qualified immigration lawyer before submitting the application or in the undesired event of visa cancellation is highly recommended. Contact Path Migration by clicking here.[2]
5. s116: Power to cancel
The minister holds certain discretionary powers that allow him to cancel, refuse or revoke a visa should he deem fit. The visa may get refused or canceled even after it has been granted. Such a situation occurs if the minister is convinced that the visa was granted based on alleged circumstance(s) mentioned by the applicant that either no longer exist or never existed; the visa may get revoked at anytime if the holder fails to continually comply with their visa conditions; in case of student visas the minister may cancel or refuse the visa if he finds that the student is a non-genuine-entrant.[3]
Expert tip: Time limits on such cancellations are short and stringent. It is always recommended to contact a well qualified immigration lawyer as soon as possible to avoid drastic repercussions.
NOTE: This update or any previous updates on our website do not constitute "legal advice". It's advisable to call our office on +61 28815 58135 to seek professional advice from our MARA registered lawyers before acting on any information provided on this page.
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