Visa Refusal & Visa Cancellations
Visas may be cancelled where the Department of Immigration has character concerns or where visa conditions have been breached.
An appeal may be lodged with the relevant Tribunal or Court.
If the Department of Immigration considers that there may be grounds for the cancellation of your visa, they may issue you with a ‘Notice of Intention to Consider Cancellation.’
The Notice will inform you of the reasons why the Department intends to cancel your visa. You will usually have up to 28 days to respond with your reasons why you do not believe your visa should be cancelled.
You should include any relevant documentation that you believe may support your reasons.
If you do not respond within the required period or the Notice, a decision will be made to cancel your visa.
If, however you have provided adequate reasons to satisfy the Department of Immigration not to cancel your visa you will be advised that cancellation will not be pursued.
If your visa is cancelled while you are in Australia you will become an unlawful non-citizen and may be detained in immigration detention and removed from Australia.
Any family members who are included in your application or visa as dependents may also have their visas cancelled.
If your visa is cancelled, you may lodge an appeal to the Administrative Appeals Tribunal (AAT). Your application for review must be lodged within 28 days of your receiving notification of the cancellation decision.
In some circumstances an appeal may be made to the Federal Magistrate’s Court the Federal Court of Australia.