Australian Visa holders: Have you had your visa cancelled?
Has the Department of Home Affairs notified you that they are intending to cancel your visa? Temporary and permanent visas can be cancelled.
The cancellation of a visa is a serious event. It is stressful and can be life-changing for you, and for those around you. If a visa is cancelled, you may be detained by the Department. You could be detained until you are deported, or for the duration of an appeal.
Having your visa cancelled might also have an impact on which visas you might be eligible for in the future.
How can a visa be cancelled?
The Department of Home Affairs has the authority to grant, refuse or cancel a visa. Your visa can be cancelled for a number of reasons. A visa can be cancelled:
- if you did not comply with the conditions of your visa,
- if you did not meet the character requirements, or
- if you provided false or misleading information on your application.
Your employer cannot cancel your visa. A sponsor cannot cancel your visa. A family member, generally, cannot cancel your visa (with the exception of a parent/child relationship).
What is the character test?
There has been an increase in the number of visa cancellations on character grounds. This is due, in part, to the legislative amendments to the Migration Act 1958, introduced in December 2014. These amendments expanded the grounds for visa cancellations and refusals.
Essentially, visa-holders must satisfy the Department of Home Affairs that they pass the character test as outlined in section 501. The person will not pass the character test if any of these grounds apply. Broadly defined, these grounds include:
- having a ‘substantial criminal record’,
- associations with persons suspected of engaging in criminal conduct,
- conviction for immigration detention offences,
- the person is not of good character, with regard to their past and present criminal conduct and general conduct,
- the person poses a significant risk for particular types of conduct.
It is critically important that you seek legal advice if you are charged with an offence. At MSM Legal, we have Registered Migration Agents who are also immigration lawyers.
We can provide quality, professional advice regarding character issues. When it is required, we can also liaise with criminal lawyers to achieve the best outcome on your behalf.
What should I do if I receive a Notice of Intent to Cancel (NOIC)?
If you have received a NOIC, you must act quickly. MSM Legal can provide you with excellent advice. Our team will give you the best chance to provide a timely, and accurate response to the Department of Home Affairs.
MSM Legal can help you respond. We can explain to the Department why your visa should not be cancelled. Our team has many years of experience helping visa holders with cancellation issues.
We can assist you with your response to the Department. We can also assist if there are reasons to appeal a decision. Both of these actions require immediate attention.
There are strict time limits set in place by the Department of Home Affairs. Reach out to our immigration lawyers at MSM Legal and book an appointment now.
Can my student visa be cancelled?
Yes. Your student visa can be cancelled. It can be cancelled for a broad range of reasons. Just some of these are listed below.
- If you fail to comply with the requirements of your student visa (either deliberately or inadvertently), then your visa can be cancelled.
- Your visa may be cancelled if you are not a genuine student. For example, if you have not been attending your classes, this may result in the cancellation of your visa. Or, you might admit to the Department that your primary purpose is to work, rather than study. This could also result in the cancellation of your student visa.
- Also, your visa might be cancelled if you engage in conduct which is not contemplated by the visa. This generally relates to academic misconduct, such as plagiarism, selling essays on campus, or cheating in exams.
Student visas can be cancelled for many reasons. This can have a significant impact on your future in Australia. You might be excluded from applying for a new visa for a period of time. You could also be banned from re-entry.
If you are concerned about your circumstances, and how they might impact your status as a student visa holder, you should seek legal advice.
MSM Legal has a team of extremely talented immigration lawyers and Registered Migration Agents ready to help you.
Call today and schedule an appointment to discuss your circumstances: 08 8161 5088