Visa Cancellations

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 info@auisa.com.au.


Customer Reviews

Australian Visa Immigration Consultancy

Customer Reviews

Victoria (Sydney, Australia) & Richard (South Africa)

‘Thank you for all your help in the past, we couldn’t have done it without you.’

Olia (Ukraine)

‘Hi there, my name is Olia. I have been in Australia for 7 years, came here as a student, really enjoyed. I met a great person, a wonderful mother and an amazing migration agent Olena in the time I was looking for someone who could help me with the working visa . It was 457 Visa, there Olena shows her professionalism and I loved working with her. It was quick and safe, she took care of me even to know if I need any questions, always feel free to ask. I have got my 457 visa I was happy with. 2 years later, I contacted Olena again, where she was working on my 482 Visa. I didn’t have much time , because wasn’t sure if I want to continue or not to work, but my boss is happy with me and my work so he wanted me to stay , and Olena in short time period made a miracle, the documents was prepared so quick and with care we applied for my further visa. In 2 weeks period Olena called me to say “congratulations your visa is granted’, I was so happy to hear it. I highly recommend Olena Yaremchuk as an agent and I will work with her in the future for sure.’

Diego (Australia, Mexico)

‘Olena assisted us with the visa application for my partner. She was very professional and versed since day one. She was very diligent answering all our questions throughout the process. She even had Skype sessions over the weekend with us. The fact at she could explain every step in Russian to my partner was key to make things smooth. Moreover, her advice led to a great outcome that we are very happy with. She is very resourceful and strives to provide best in class service to her clients. Thank you Olena, we highly recommend you to future clients.’

Ekaterina’s testimonials in Russian (Moscow, Russian Federation)

‘Я безумно благодарна Елене за проделанную работу по оформлению и подаче документов на партнёрскую визу. Работа выполнена очень профессионально! Елена всегда на связи и терпеливо отвечала на миллион моих вопросов, разжевывая каждую деталь. На данный момент ждём решения по партнёрской визе, но уже на руках bridging visa A, с идеальными на мой взгляд условиями – без каких либо ограничений на работу/учебу и с возможностью просить разрешения на выезд/въезд. B очередной раз убеждаюсь, как нам повезло с миграционным агентом! 10 из 10! Уровень клиентоориентированости высочайший. Спасибо, Елена. Буду вас рекомендовать друзьям!’

Ehsan (Iran) & Tamara (Turkmenistan, Iran)

‘Big thanks to Olena for everything. She is the best!

We had been looking for a migration agent for 6 months at least before we met Olena, all migrations agents told us that there is no chances for success for our protection visa because of dual citizenship, but Olena took our case and our protection visa application has been accessed as a valid (despite our dual citizenship!), and today our family has been granted a protection visa.’

Ray (Sydney, Australia) & Trang (Vietnam)

‘Thank you so much, this is fantastic news! Thanks for all your help and assistance to get us to where we are.’

Maria (Moscow, Russian Federation)

‘When Olena took my case on at the start it felt like the road was going to be long and hard with lots of complications.
Olena took it on without making it complicated and helped me to just get on with it. Olena was very organised and honest and looked at the different scenarios and outcomes, and her understanding of the situation helped keep things simple and in perspective.
Olena was always available and very helpful and nothing was ever too difficult. This is very unusual and it felt like she actually wanted to help rather than it just being a job. The steps that we were taken were smooth and well planned and very professional.
I was waiting for a temporary partner visa but amazingly Olena’s professionalism and understanding of the rules led instead to a permanent residency visa. Me and my partner would highly recommend her to anyone looking for assistance with regard immigration, visas.’

Alla (Ukraine) & Luis (Australia, Portugal)

‘Our experience with Australian Visa Immigration Consultancy, Olena has been fantastic. The availability in answering all our questions and the fact of feeling always well followed in our extremely important path of changing our lives forever has been amazing. Thank you so much for all your help with our Visitor and Partner visa! You made us stress free and took away our worries, also you helped us explaining each stage of the partner visa process. You are very professional and at the same time easy to communicate. The personalised services made us feel special and cared about. We are very happy that we can be together and start a new life! Thank you for being patient with us and to our many questions and your prompt replies. We appreciate all you have done and would certainly recommend you to everyone we know.’

Andrew (Newcastle, Australia)

‘I originally applied for a visitor visa for my partner from Ukraine to visit Australia. We fulfilled all criteria asked for, yet the department knocked it back with no good reason and there are no avenues of communications possible to discuss the application with anyone. Frustrated with the system I engaged Olena (auvisa.com.au) to help lodge another application. Olena helped us navigate the system and was our voice in lodging complaints about the processing of the visa. Using Olena we successfully obtained a visitor visa for my partner to visit Australia for the first time. Olena was easy to deal with and answered all my questions I had on the process, I would recommend using Olena and I will be using her services for our future visa needs.’

Ekaterina (Russian Federation) in Russian

‘Обратилась к Елене Яремчук для получения гражданства. Осталась довольна работой и результатом. Серьезный подход к делу с самого начала. Ей пришлось писать и звонить по поводу моего собеседования, которое отменили из-за пандемии. Благодаря этому, успела пройти собеседование и сдать экзамен до изменений, которые вступают в силу после 15.10.2020 и вопросы будут дополнены. Также была проделана огромная работа по заполнению документов, и дана полная информацию по подготовке к собеседованию. В течение всего времени всегда оперативно отвечала на любые вопросы, давала рекомендации, где можно сделать перевод, и какие документы еще собрать. Если вы хотите избавить себя от бумажной волокиты и грамотно собрать все документы, то рекомендую вам Елену. Она – хороший агент и профессионал своего дела.’
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