You may experience a visa cancellation by the Australian Government for a number of reasons. The most common reasons are as follows:

• You failed to comply with a condition of your visa (you or a secondary visa holder).
• You included false, fraudulent or misleading documents in your application (they can cancel it even after it has been approved).
• You provided false or misleading information in your application (they can cancel it even after it has been approved).
• You withdrew from a course or did not meet the course requirements.
• The visa was granted based on facts or circumstances that no longer exist.
• You requested that the visa be cancelled by mutual agreement.
• The granting of the visa contravened the law.
• You have become a risk to public health, safety or the good order of the community.
• You have been sentenced to a 12-month prison term or face pending charges.
• You have been convicted of a sexual crime against a minor.

Cancellation of visas is at the discretion of the Immigration Department

A visitor visa can also be cancelled immediately at the airport if an immigration officer deems that your intentions to visit Australia are not genuine or if you have been caught bringing quarantine-restricted materials into Australia.

Auto cancellations

We do not recommend that you apply for a visa cancellation because you have applied for a better visa. For example, we do not advise you to apply for a student visa cancellation because you have applied for a partner visa, as when one visa is cancelled, all other visas are cancelled, including your bridging visa.

If your visa is cancelled

If the Department cancels your visa, all other visas you hold may be cancelled, including bridging visas and visas for other members of your family. Visa cancellation may also prevent you from making further visa applications or prevent you from obtaining certain visas to travel to, enter or remain in Australia.

If you have been refused or cancelled a visa on character grounds since your last arrival in Australia, the only visa you can apply for is a protection visa.

If you are removed from Australia on character grounds, you may have difficulty satisfying the character requirement when applying for another visa to re-enter Australia.

Notice of Intent to Consider Cancellation (NOIC):

If you are in Australia, the Department will normally notify you in writing of its intention to consider cancelling your visa. The notice will give you the opportunity to present reasons why your visa should not be cancelled. This is known as a Notice of Intention to Consider Cancelling your visa. If you receive this notice, you have the opportunity to respond and argue why your visa should not be cancelled.

Receiving a NOIC can be very stressful, and we recommend that you seek legal advice as soon as you receive this notice.

If you respond to the NOIC and the Department accepts your response, you will still have a visa. If the Department does not accept your response or you do not respond, you will be sent a formal notice of cancellation, either by mail, email or in person. Your visa will be cancelled and you will be given a certain number of days to leave Australia or you will be placed in immigration detention.

If your visa is not cancelled and you receive a warning, your visa could still be cancelled in the future if you are convicted of other crimes.

If your visa is cancelled, you can appeal to the Administrative Appeals Tribunal (AAT) and then to the Federal Circuit Court.

It is essential to understand that visas can be cancelled for a variety of reasons in Australia, from failure to comply with conditions to including false documents in the application. The discretion of the Immigration Department plays a crucial role in this process, and it is essential to be aware of the potential implications. Notification of intent to cancel provides an opportunity to present counterarguments, but it is a delicate process that can be stressful in the event that your visa is cancelled. Given this complexity, it is recommended that you seek legal advice to properly address each situation and understand the potential repercussions on future visa applications.