Visa Cancellation And Appeal

In some circumstances, the immigration department of Australia can cancel the visa. Visa cancellation is at the discretion of the department. Your employer, sponsor or family member does not have the authority to cancel the visa.

What Can Be The Reasons For Cancelling Of Visa?

There are several reasons that might lead the cancellation of visa as:

  1. If the visa holder fails to meet the character requirements.
    • Serving a full time custodial sentence
    • Have been imprisoned for 12 months
    • Found guilty of sexually based crime involving a child

Only 28 days are given to make representations about why you think that the decision to cancel the visa should be revoked!

2. If you have paid for sponsorship

The visa might be cancelled if you are found involved in paying for the sponsorship of visa.

There can be different circumstances that are to be considered:

  • You initiates or were complicit in paying for the sponsorship
  • What was your intent in coming forward?

There can be other points that can be considered while making the decision:

  • Strong ties to Australia
  • Contribution to the Australian community
  1. Changes In StudyIf the student is no longer enrolled in a registered course then, the student visa might be cancelled. The visa can be cancelled in the following situations:
    • You have not left Australia or nor applied for a new visa even if the course is completed.
    • If you are studying for more than one course and the gap between the courses is more than 2 months.

Appeals

If your visa is cancelled then you may request for a review on the decision. If the decision is made by the minister personally then you cannot appeal for the change in decision.

The independent Administrative Appeals Tribunal (AAT) is the authority responsible for reviewing government decisions. After the review of AAT, you may ask the minister to consider the case.’

Within AAT, the decisions are usually reviewed by:

  • General Division: All the decisions related to character (including under Articles 1F, 32 or 33 of the Refugees Convention and section 501 of the Migration Act 1958), the Office of the Migration Agents Registration Authority (OMARA) or the citizenship are taken by General Division.
  • Migration and Refugee Division (MRD) – most migration and refugee visa refusals (including refusal of sponsorship or nomination) and visa cancellations are reviewed by the MRD.
  • Immigration Assessment Authority  is an independent office that reviews fast track reviewable decisions for some of the  Protection visas.