Visa Cancellation
Visa cancellation occurs when the Australian Department of Home Affairs or a review tribunal decides to cancel an existing visa, which may require the visa holder to leave Australia. Cancellation can happen for various reasons including character concerns, breach of visa conditions, or other statutory grounds.
What is visa cancellation?
Visa cancellation is the formal revocation of a visa that has already been granted. This means the visa holder’s permission to stay in Australia is withdrawn, often resulting in the requirement to depart the country. Cancellation decisions can be made by the Department of Home Affairs or by a merits review tribunal such as the Administrative Review Tribunal (ART).
Common reasons for visa cancellation
Visas may be cancelled for reasons including but not limited to: failing to meet character requirements (such as criminal convictions), providing false or misleading information, breaching visa conditions, or involvement in activities that pose a risk to the Australian community.
Notification and rights
If your visa is cancelled, you will receive a written notice explaining the reasons and your rights to seek a review or appeal. You may have limited time to apply for a merits review or appeal depending on the circumstances and visa type.
Seeking a merits review
You can often apply for a merits review of a visa cancellation decision with the Administrative Review Tribunal (ART). The ART will reconsider the decision and can affirm, vary, or set aside the cancellation based on the merits of your case.
Appealing to the courts
If you believe the tribunal or decision-maker made a legal error in cancelling your visa, you may be able to appeal to the Federal Circuit or Federal Court of Australia. Appeals focus on legal errors rather than re-examining facts or evidence.
Ministerial Intervention
If all review and appeal options are exhausted or unavailable, you may request Ministerial Intervention under sections 351 or 501J of the Migration Act. This discretionary power allows the Minister to grant a visa despite cancellation decisions, but it is subject to strict criteria and is not guaranteed.
Getting help
It is strongly recommended to seek legal advice or assistance from registered migration agents or community legal services to understand your options and prepare your case effectively.
Important considerations
- Pay close attention to deadlines for review or appeal applications.
- Provide all relevant documents and evidence to support your case.
- Visa cancellation can have serious consequences, including detention and removal from Australia.
How We Help With Appeals
Strict Timeframes
Appeals have short lodgement deadlines. We prioritise urgent lodgements to protect your review rights.
Evidence Strategy
We craft a targeted evidence plan aligned to tribunal expectations and decision‑maker concerns.
Case Preparation
From submissions to hearing preparation and representation, we manage your case end‑to‑end.
Outcome Pathways
We advise on negotiated outcomes, remittals and alternative pathways where appropriate.
Urgent Assistance
For cancellations, detention or s116/s501 matters, we mobilise rapid support.
Related Appeal Services
Visa Refusal
Visa refusal occurs when an application for an Australian visa is declined by the Department of Home Affairs or a review tribunal. If your visa application is refused, you may have options to seek a review or appeal depending on the type of visa and grounds for refusal.
Learn More →Notice of intention to Consider Cancellation
A Notice of Intention to Consider Cancellation (NOICC) is a formal notification from the Department of Home Affairs informing a visa holder that their visa may be cancelled. It provides the visa holder an opportunity to respond before a final cancellation decision is made.
Learn More →Waiver Request
A No Further Stay waiver request allows visa holders in Australia to ask the Department of Home Affairs to waive the No Further Stay condition on their visa, enabling them to apply for another visa while still in Australia under certain exceptional circumstances.
Learn More →Applying for Work Rights
To apply for work rights in Australia, you generally need to demonstrate a compelling need, such as financial hardship, or be on an eligible employer-sponsored visa. Applications are made through the Department of Home Affairs, typically via Form 1005 or as part of your visa application process.
Learn More →Applying for Study Rights
To study in Australia, you generally need to apply for a Student visa (subclass 500), which requires acceptance into a CRICOS-registered course, obtaining a Confirmation of Enrolment (CoE), and meeting financial and English language requirements. Applications are submitted online via ImmiAccount. For those on other visas, study rights depend on specific visa conditions.
Learn More →Appeals and Reviews
Expert immigration appeals and review services for refused or cancelled visa applications.
Learn More →Need Help with Your Visa Appeal?
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