Australian Visa Cancellation: What are the reasons for this and what should be done next?
Australian visa cancellation refers to a situation where your visa, which the Department of Home Affairs granted, ceases to exist. Australian visa cancellation is a serious issue with serious consequences. Thus, understanding the reasons and the correct remedy for Australian visa cancellation is very important.
In this guide, we’ll address:
- Why does an Australian visa get cancelled?
- What are the impacts of visa cancellation?
- What should you do if your Australian visa has been cancelled?
- Can you reapply for a visa after cancellation?
- Can you appeal for an Australian visa cancellation?
Why does an Australian visa get cancelled?
The Australian Department of Home Affairs may cancel your visa due to the following reasons:
1. You did not comply with your visa conditions
Failure to adhere to your visa conditions will result in cancellation. When the Department of Home Affairs grants you a visa, it expects you to abide by all the conditions and requirements associated with it. This is crucial to ensure the system’s fairness, efficiency, and alignment with Australia’s national interests.
You can find your visa conditions on your visa grant letter or through VEVO. If you are uncertain, seeking professional advice from a Registered Migration Agent is highly recommended.
2. You did not meet the character requirements
The Australian government has set specific character requirements to ensure the safety of the Australian community. The Department of Home Affairs or the Minister may cancel your visa if you fail to meet the character requirements, in which you are currently serving a full-time prison and have been:
- sentenced to 12 months or more imprisonment, or
- sentenced to life imprisonment
- sentenced to death
- found guilty of a sexual offence against a minor
3. You provided bogus information or documents on your visa application
Providing bogus information or documents to your Australian visa application will result in cancellation and severe consequences, including deportation, which is the worst one.
It will also impact your immigration record, as the Australian immigration authorities may share your history with other countries, affecting your future visa applications to Australia and other countries.
4. You’re involved in paying for visa sponsorship
The Department of Home Affairs will cancel your visa if you are engaged in paying for visa sponsorship. All relevant circumstances will be considered, including:
- If you are initiated or were complicit in paying for sponsorship.
- Your intent in coming forward (whistle-blower, actively giving information)
But, if you’re involved in this matter due to threats or exploitation, such as human trafficking or slavery, the Department of Home Affairs may not cancel your visa. Note that you must provide all necessary information on this matter.
5. You did not comply with work-related visa condition
The Department of Home Affairs may cancel your visa if you do not meet a work-related visa condition.
The Minister or delegate will consider all relevant factors, including the circumstances that caused the cancellation, when making the decision.
They may not cancel your visa if there is proof of job exploitation. If so, you must provide all necessary information about exploitation, as indicated by the applicable certification.
6. You are no longer enrolled in a registered course (for a Student Visa).
The Department of Home Affairs will cancel your Student Visa if one of the following applies:
- You have completed the course but don’t leave Australia or apply for a new visa within 3 months,
- You have changed your course, and the new CoE shows an earlier end date, and you did not depart or file for a new visa within 28 days of course completion,
- You are enrolled in course packaging (more than one) with a gap of more than 2 months and finish it early unless the gap falls between the end of one academic year and the start of a new one.
The Department of Home Affairs may reconsider the cancellation if you genuinely completed the course early, your academic record is good, and it’s fair to assume you will enrol in another course over the break.
The Department of Home Affairs may also notify you of their intention to cancel your visa if you’re in immigration clearance. They may grant you a chance to explain your situation and why your visa should not be cancelled.
What are the impacts of visa cancellation?
Australian visa cancellation has far-reaching impacts. First, the cancellation will be recorded in your immigration history, potentially complicating future Australian visa applications. Second, you may be subject to an exclusion period, which could restrict your ability to enter or apply for an Australian visa. In more serious cases, you may face a permanent ban. These long-term consequences underscore the gravity of Australian visa cancellation.
Additionally, if your family member joins your application as your dependent, their visa may also get cancelled.
Suppose the case is that you have lodged an application for a substantive visa onshore and have been granted a Bridging Visa. In that case, your Bridging Visa will cease to exist due to your current visa cancellation.
So, you see, the impacts of Australian visa cancellation is no joke. It does not only affect you as the primary holder but also your family member as the dependent. You are also at risk of being banned permanently if your Australian visa is cancelled due to a serious visa breach. Thus, fully understanding your visa condition is vitally important to avoid Australian visa cancellation.
What should you do if your Australian Visa has been cancelled?
Having your Australian visa cancelled must be frustrating, especially if it affects your long-term plan and goal of settling in Australia permanently. But don’t lose hope. Australian visa cancellation may not be the end of your road to achieving your goal, though it may take longer to reach it. The following are some important steps you may take to continue your journey to settle in Australia:
Step 1: Understand the reasons for your Australian visa get cancelled
The first step is understanding why your Australian visa gets cancelled. Read the cancellation notification carefully and note important information, including the reasons for the cancellation, whether you can appeal the cancellation to the Administrative Review Tribunal (ART), and the time limit for applying for the review.
Step 2: Confirm your visa status and the option left
It is especially important if you are in Australia, as you must ensure that you are a lawful non-citizen. You must take action quickly to regularise your visa status to maintain your status as a lawful non-citizen and avoid further legal issues.
Generally, you must leave Australia as soon as you receive the cancellation notification. However, if you intend to stay in Australia, you may explore your options with a registered migration agent, which includes the option to review the cancellation with the Administrative Review Tribunal.
Step 3: Understand the section 48 Bar before submitting new visa application
If you have decided to stay in Australia and submit a new visa application, note that the Section 48 Bar will apply. Section 48 Bar limits the visa options you may apply for onshore, which include:
- Partner Visa (temporary and permanent),
- Bridging Visa (A, B, C, D, E, F, and R),
- Protection Visa,
- Territorial Asylum Visa,
- Border Visa,
- Special Category Visa,
- Resolution of Status Visa, and
- Child Visa
Indeed, you must meet the criteria for the specified visa subclass. If you’re unsure, our Registered Migration Agent is here to help you find the best visa subclass that suits you.
Can you reapply for a visa after cancellation?
Several factors determine whether you can reapply for a visa after cancellation, including:
- Exclusion period: You must ensure whether you are banned from applying for a new visa after the cancellation. If you are, you cannot reapply for a visa after the cancellation.
- Section 48 Bar: After the cancellation, your future visa application may be subject to Section 48 Bar, which limits the visa options. In this matter, you must ensure that you are eligible for the specified eligible visa subclasses under section 48 bar.
Can you appeal for an Australian visa cancellation?
Generally, you can submit an appeal review for an Australian visa cancellation to the Administrative Review Tribunal, except the following conditions apply:
- You were in immigration clearance when the cancellation occurred,
- The Minister personally cancels your visa on specific grounds,
- In specific circumstances, when a business visa is cancelled, and
- In some situations, when a visa is cancelled for failing to meet the character requirements.
If you decide to review your Australian visa cancellation, you must submit the review application within the deadline given and provide strong arguments with supporting documents as to why the cancellation must be withdrawn.
It may be your last opportunity to fight for your Australian visa, so don’t put it at risk. Engaging with a Registered Migration Agent, like ONEderland Consulting, is strongly advised as we have experience in Australian visa cancellation and other complex cases with a 98% success rate. Click here to book an appointment, and let’s explore the best option for your situation!
We’re here to help.
Partnering with ONEderland Consulting to solve your Australian visa cancellation case will put you at ease. We are experts in complex cases, and Australian visa cancellation is one of them. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
