Temporary and permanent Australia visas can be cancelled. The Migration Act contains a number of provisions that give the Minister power to cancel a visa in various circumstances. Visas can be cancelled under if the visa holder;
• Provided false/ incorrect information or bogus documents: 109
• Failed to comply with the conditions of their visa: s116
• Failed to comply with the conditions of their student visa and did not appear before the department of immigration within 28 days of the
s20 ESOS Act Notice being issued: s137J (automatic cancellation).
• Is not a person of good character or it is in the public interest to have that person’s visa cancelled: s501
Generally the power to cancel a visa is discretionary. The department (or the Tribunal, if it goes to appeal) will look at all the circumstances to see whether a visa should be cancelled. However, in certain circumstances, there is no discretion if a breach has been established.
If you have received a notice of an intention to consider cancelling your visa or if you have been notified that your visa has been cancelled you should seek immediate advice from one of our specialist lawyers, as there are very strict time limits to respond to cancellation notices and to appeal cancellation decisions. Our office has strong expertise in this area of law and we have successfully represented many clients facing cancellation or who have had their visa cancelled.