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 you are the holder of a student visa and the relevant college or tertiary institution finds that you have not satisfied course requirements, they may issue you with a Section 20 Notice which they will forward to the Department of Immigration. The Department may then issue you with a Notice of Intention to Consider Cancellation.
If you are the holder of any other visa, for example a work or business visa and the Department of Immigration has issued you with a Notice, the Department may take into consideration factors such as your engagement in the day to day management of the business, whether your job description and duties you perform in your employment continues to meet the roles listed on the ANZCO or SOL or ENSOL occupations lists, and your character before deciding to cancel your visa.
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.
If, however the AAT decides that the decision to cancel your decision was an administrative error, your visa will be deemed not to have been cancelled.
An appeal may also be made to the Federal Magistrate’s Court the Federal Court of Australia in some circumstances.
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