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My visa may be cancelled
When Could My Visa Be Cancelled?
How Will I Know That My Visa Was Cancelled?
What Happens If My Visa Gets Cancelled?
What Can I Do When My Visa Gets Cancelled?
When Could My Visa Be Cancelled?
Your visa may be cancelled:
• if you fail to comply with the conditions of your visa,
for example, working when your visa condition states you are not
allowed to.
• when the circumstances under which your visa was granted
no longer exist, for example, you have a spouse visa, and your relationship
with your Australian partner has broken down.
• if you failed the character
test
• in other circumstances, for example, where you obtained
your visa by providing false information to DIMA, or are considered
a serious health risk to the Australian community.
How Will I Know That My Visa Was Cancelled?
Cancellation is generally a two-step process:
• DIMA will send you a notice of intent to consider cancellation.
This gives you the opportunity to explain why you think your visa
should not be cancelled.
• After considering your response, the DIMA officer will
make the decision and notify you of the outcome.
You are strongly advised to seek legal
help if you receive a notice of intent to consider cancellation
from DIMA.
What Happens If My Visa Gets Cancelled?
If your visa expires or is cancelled while you are still
in Australia you become an "unlawful non-citizen" unless
you hold another valid visa. Once you become unlawful, you can be
detained by DIMA compliance officers and removed from Australia
as soon as practical. However, in most cases, where your visa has
been cancelled you should be able to seek a review
of the decision. If you decide not to lodge an application for review,
you need to make arrangements to leave Australia. You may be granted
a Bridging visa to prepare for their voluntary departure from Australia
or to pursue other visa applications, if eligible.
If you are unable to pay for your own departure, DIMA may detain
you and remove you from Australia at the Government’s expense.
Persons who are removed in this way incur a debt to the Commonwealth
of Australia and are not able to return to Australia until that
debt is repaid.
If your visa is cancelled for failure to comply with visa conditions,
you may experience difficulty in obtaining a further visa if you
attempt to return to Australia.
If your visa is cancelled because you fail the character
test on the grounds of either a substantial criminal record,
or past and present criminal conduct, is permanently excluded from
Australia.
What Can I Do When My Visa Gets Cancelled?
If DIMA decides to cancel your visa while you are in Australia,
you are generally able to seek a review of the decision by lodging
a review application with the Migration
Review Tribunal (MRT) or if the visa cancelled was a Protection
Visa, and it was NOT cancelled on grounds of character,
the Refugee Review Tribunal .
The Administrative Appeals Tribunal (AAT) can review refusals or
cancellations of visas on the grounds a person is not of good character
and decisions to deport a permanent resident under criminal deportation
provisions. If your visa has been refused on grounds of character
click here. You
can obtain application forms for AAT here.
There are very strict time limits on when you can lodge your application
for review. If you are lodging a review application with the MRT
because your visa was cancelled you have 7 WORKING DAYS
from the date of the letter notifying you of DIMA decision to lodge
the application with MRT.
If you choose to seek a review of the DIMA decision, you may be
granted a Bridging Visa to stay lawfully in Australia until your
application for review is decided.
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