Visa Cancellations under the Migration Act 1958 –
- section 109 (incorrect information)
- section 116 (general power to cancel)
- section 128 (when holder outside Australia)
- section 134 (cancellation of business visas)
- section 137Q (cancellation of regional sponsored employment visas)
- section 140 (consequential cancellation of other visas)
- section 501, 501A or 501B (special power to refuse or cancel on character grounds) etc.
If your visa has been cancelled there are number of possible consequences which you should be aware about.
S 48 Bar from Lodging Further Visa Applications
If you have had a visa cancelled since last entering Australia and you are on a bridging visa, you will be affected by s 48 bar from lodging further visa applications in Australia except for a limited number of visas such as Partner 820/801 visas and protections visas.
Schedule 4 Public Interest Criterion 4013 – Incorrect Information or Bogus Documents
If you have had your visa cancelled under PIC 4013, you will be affected by the 3 year ‘non-grant period’ during which you cannot be granted further visas.
There is a waiver to PIC 4013 if the applicant can show compassionate or compelling circumstances affecting the interests of Australia, an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Cancellation of Visa on Character Grounds Under S 501 of the Migration Act 1958
If you have had a visa cancelled under s 501 there are three major consequences –
- A prohibition on applying for other visas
- Refusal of other visa applications and cancellation of other visas
- Periods of exclusion and special return criteria may apply
If the minister has personally made a decision to cancel your visa on character grounds, you also can not to apply for review of the decision to the AAT.
Merits Review – Administrative Appeals Tribunal – Visa Holder in Australia
“Merits review” means that the AAT considers afresh your claims and any additional information which has been put forward with the application for review.
In the case of a decision to cancel a visa while the visa holder is in Australia, under s 347(2)(a) of the Migration Act 1958 only the former visa holder may apply for merits review of the decision. They must be in Australia when the application for review is made.
If you lodge an application for review outside the relevant time limit or if you are not a person who is entitled to apply for review, the AAT will not accept your application.
How We Can Help
With our experience and dedicated approach we will ensure that your cancellation matter will be prepared in the best possible way to minimise possible negative consequences and to maximise chances for a positive outcome.
Call us now for a consultation on 0490 306 632 or send email to [email protected].