| Australian Visa Cancellation | | | | - Provided a false document or bogus document to |
| If you hold an Australian visa it is very important to | | | | the Department of Immigration & Citizenship. |
| understand the processes leading to possible visa | | | | - Did not advise the Department of Immigration & |
| cancellation, the powers under which a visa can be | | | | Citizenship that answers or information given in a visa |
| cancelled and the effect of visa cancellation in | | | | application, due to a change in circumstances, are no |
| Australia. | | | | longer correct or were incorrect at the time they were |
| Introduction to Australian Visa Cancellation | | | | provided. |
| The Department of Immigration & Citizenship has, | | | | The fact that you did not know that the information |
| under the Migration Act 1958, various powers to cancel | | | | was incorrect or the document was bogus does not |
| visas for certain prescribed reasons. The powers to | | | | mean your visa will not be cancelled but is a relevant |
| cancel a visa include - | | | | consideration going to the decision by the Department |
| - s.109: cancellation of any visa for providing bogus | | | | of Immigration & Citizenship to cancel your visa or |
| documents or incorrect information | | | | not. |
| - s.116: cancellation for, among other things, failure to | | | | It is important to be aware that if your visa is cancelled, |
| comply with conditions | | | | your dependent's visas are also cancelled. |
| - s.134: cancellation of business skills visas | | | | Cancellation under s.116Section 116 of the Migration Act |
| - s137J:automatic cancellation of student visas | | | | 1958 creates a general power to cancel visas and |
| - s.501: cancellation on character and other public | | | | provides, among others, the following grounds for |
| interest grounds | | | | cancelling a visa - |
| Status if an Australian Visa is cancelled | | | | - You have not complied with a condition of your visa |
| If you have been notified that you have had your visa | | | | - The grounds on which the visa was granted to you |
| cancelled then you must act quickly. If you are | | | | no longer exist. |
| intending to leave Australia as a result of the | | | | If the Department of Immigration & Citizenship |
| cancellation, you will need to go to the Department of | | | | intends to exercise its discretion to cancel an |
| Immigration & Citizenship to arrange the grant of a | | | | Australian visa under section 116, they must first issue |
| bridging visa. | | | | a notice of intention to consider cancellation to the visa |
| If you wish to stay on in Australia, you will have a | | | | holder and give you an opportunity to respond. |
| limited time frame to appeal the cancellation to the | | | | Section 116(3) prescribes that a visa must be cancelled |
| Migration Review Tribunal, Administrative Appeals | | | | in certain circumstances, for example where a student |
| Tribunal or Federal Court, if eligible to do so. | | | | has not complied with their visa condition 8202 |
| If you do not appeal the decision, and stay in Australia | | | | obligations to attend classes and achieve satisfactory |
| past 28 days from the date of cancellation without a | | | | academic progress. |
| bridging visa, then you also face being banned for 3 | | | | Procedural requirements for cancelling a visa under |
| years from re-entering Australia. | | | | section 116 are often not followed by the Department |
| If you have received a decision cancelling your visa, or | | | | of Immigration & Citizenship. |
| a notice of intention to consider cancellation, then | | | | If legislative procedure has not been followed then the |
| contact us immediately as delay may mean you lose | | | | cancellation of your visa may be invalid and your |
| the opportunity to have your visa reinstated. | | | | cancellation may be overturned by application to the |
| Cancellation under s.109 - Incorrect information or False | | | | Migration Review Tribunal, the Federal Magistrates |
| document | | | | Court or Federal Court. |
| The Minister for Immigration may cancel your visa if | | | | Cancellation of Business Visas under s.134The power |
| you provided false information or false or bogus | | | | applies to any visa class with the words 'Business |
| documents in your visa application. The power to | | | | Skills' as part of its visa title. |
| cancel a visa under section 109 arises when the | | | | The review of the cancellation of business visas are |
| Department of Immigration & Citizenship believes | | | | conducted by the Administrative Appeals Tribunal |
| you - | | | | (AAT) and not by the Migration Review Tribunal |
| - Did not answer or incorrectly answered questions on | | | | (MRT). Immigration lawyers are usually expected to |
| your passenger card or visa application form. | | | | appear on behalf of clients and conduct applications |
| - Did not answer or incorrectly answered questions on | | | | for review in the Administrative Appeals Tribunal due |
| your passenger card or visa application form. | | | | to the formality of proceedings. |