The department of Immigration might cancel your Visa. In some cases, you will be informed beforehand of the impending cancellation, which allows some time to lodge an appeal. In other cases, the department of immigration will inform you that the Visa has already been cancelled. Cancelled visas can may be appealed under some circumstances.

Reasons for Visa Cancellation

• False or misleading information or bogus documents on the visa application (section 109)
• Failure to meet the character test.
• Visa Holder has been put in jail.
• Cancellation of a Business Visa if the individual is not applying their skills.
• Emergency cancellation on Security Grounds
• Cancellation of Regional migration Visa type. This includes family members on the Visa.

This list is far from exhaustive.

What To Consider Before a Visa is Cancelled.

• On what grounds was the Visa cancelled? Is this appropriate?
• Did the department of immigration use the correct power to make the cancellation?
• Has the department followed the correct procedure?
• Is the cancellation power, mandatory or discretionary? This might be challenged.
• Is there a time limit to respond? Can this time be extended?
• What relevant information does the department of immigration possess?

What To Consider If the Visa has already been Cancelled.

• What are the consequences of the cancellation?
• Can you appeal the decision. Are there time limits?
• Are you barred from applying for another visa.
• If you are barred, does the three-year exclusion period apply?
• What happens to your family members.

What To Do

• Prepare all evidence to support your case
• Find out if the department of immigration followed correct procedure.
• Has the immigration department made a mistake?
• Does the Immigration case officer have the necessary powers to consider cancellation
• Consult the immigration lawyer

Immigration Lawyer Sydney

Visa and immigration law is complex and subject to change. Consult an immigration lawyer for the best chance of success.