Has your Visa been Cancelled?

A Visa Cancellation specialist lawyer can assist you. She is highly experienced and knowledgeable in Administrative Law. She represents clients before the Administrative Review Tribunal in Visa Cancellation or Visa Refusal Matters.Also, she advises and appears in matters requiring judicial review of administrative decision-making particularly in migration & citizenship matters. She has a strong track record of providing strategic advice and representing clients best interest in this area of practice.

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Mandatory cancellation of visas.

Mandatory Cancellation of Visas of Non-Citizens in Prison

Section 501(3A) of the Act sets out the grounds on which the Minister or his delegate must cancel if satisfied that they do not pass the character test. This provision grant powers to the Minister or his delegate to cancel the visa of a person who is not a citizen of Australia because he or she does not pass the character test.Section 501 of the Migration Act can affect all non-citizens including any Australian visa holder, permanent or temporary, or applicant for a visa. It applies to all non-citizens regardless of how long they have lived in Australia or held their visa.

Section 501(3A): Mandatory Cancellation Criteria

Section 501(3A) provides that your visa will be automatically cancelled if you:

  • are a non-citizen living in Australia; and

  • are currently in prison serving a sentence of imprisonment.

  • are have been sentenced to 12 months or more imprisonment.

  • are have been sentenced to life imprisonment.

  • are have been sentenced to death.

  • have been convicted of a sexual offence involving a child in Australia or another country.

Who is a non-citizen?

A non-citizen is a person who does not have Australian citizenship. This includes people who. If you are not an Australian citizen, you have a visa that can be cancelled under section 501(3A).

Permanent Residents

Have permanent residency

Permanent Visa Holders

Have permanent visas (including protection visas or partner visas)

New Zealand Citizens

Are New Zealand citizens who were automatically granted a visa upon arrival to Australia

Long-Term Temporary Visa

Long-term temporary visa holders (including student visas or work visas)

What happens if my visa is cancelled?

If your visa is cancelled you cannot remain in Australia unless you get another visa.

If the Minister has made the decision under s501 (3A) to cancel a visa that has previously been granted to a person, then the Minister is required to notify the person of the cancellation decision and invite the person to make representations to the Minister about the revocation of that decision.Once you receive a Notice of Visa Cancellation, you can apply to the Department of Immigration to revoke the decision to cancel your visa (“revocation request”). “Revoke” means asking the Department to reverse the decision to cancel your visa so that you can stay in Australia.If you are successful with your revocation request, you will be given back your visa and you can continue to live in Australia. If you are unsuccessful, there are options to legally challenge the decision to refuse your request. You should contact a lawyer and seek legal advice once you receive a Notice of Visa Cancellation.

Has Your Visa Been Cancelled? Act Now

Visa cancellation matters are time-sensitive and complex. Our experienced administrative law specialist can assess your situation, explain your options, and represent you in revocation or tribunal proceedings.