You Can Face Visa Cancellation by the Australian Government for Various Reasons

The most common reasons are as follows:

• You did not comply with a condition of your visa (either you or a secondary visa holder).
• You included false, fraudulent, or misleading documents in your application (this can result in cancellation even long after approval).
• You provided false or misleading information in your application (this can result in cancellation even long after approval).
• You withdrew from a course or failed to meet the course requirements.
• The visa grant was based on facts or circumstances that no longer exist.
• You requested the visa cancellation by mutual agreement.
• The visa grant contravened the law.
• You have become a risk to public health, safety, or the good order of the community.
• You have been sentenced to 12 months in prison or face pending charges.
• You have been convicted of a sexual offense against a minor.
• Visa cancellation is at the discretion of the Department of Migration.

Visitor Visa Cancellation

A visitor visa can also be canceled immediately at the airport if an immigration officer believes your intentions to visit Australia are not genuine or if you are found bringing restricted quarantine materials into Australia.

Self-Cancellations

We do not recommend requesting visa cancellation because you have applied for a better visa. For example, we advise against canceling a student visa because you have applied for a partner visa. When a visa is canceled, all other visas, including your bridging visa, may also be canceled.

If Your Visa Is Canceled

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

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

If you are expelled from Australia on character grounds, you may face challenges meeting the character requirement when applying for another visa to re-enter Australia.

Notice of Intention to Consider Cancellation (NOIC)

If you are in Australia, the Department will usually notify you in writing of its intention to consider visa cancellation. The notice will provide you an opportunity to present reasons why your visa should not be canceled. This is known as a Notice of Intention to Consider Cancellation (NOIC). If you receive this notice, you have the chance to respond and argue why your visa should not be canceled.

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

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

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

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

Conclusion

It is crucial to understand that visas can be canceled for various reasons in Australia, from failing to comply with conditions to including false documents in the application. The discretion of the Department of Migration plays a key role in this process, and it is essential to be aware of the potential implications. The notice of intention to cancel provides an opportunity to present arguments against it, but it is a delicate process that can cause stress. If your visa is canceled, seeking legal advice is recommended to properly address each situation and understand the potential repercussions for future applications.