Visas cancelled because of incorrect information

Date: Mar 07, 2009
Document Type: Article

The Department of Immigration has the power to cancel a visa that is granted to a visa holder if he or she provided incorrect information either as part of their visa application or on a passenger card upon entering Australia. The Department may cancel a visa for this reason even where the person did not know that the information they provided was incorrect.

Although the Department of Immigration may cancel a visa on the basis that the visa holder provided incorrect information, it is not compelled to cancel the visa.

Before cancelling a visa the Department must explain to the visa holder why the visa may be cancelled and give them the opportunity to put forward arguments as to why their visa should not be cancelled. When considering whether or not to cancel the visa holders visa the Department must have regard to any arguments that the visa holder puts forward.

When making a decision about whether to cancel the visa the Department of Immigration must consider a number of factors such as the significance of the incorrect information and the circumstances of the visa holder.

Having a visa cancelled is a very serious matter. If your visa is cancelled you may be prevented from being granted a visa to return to Australia for a period of 3 years; however, if the incorrect information that you provided is particularly serious you may be prevented from being granted a visa for a considerably longer period.

If your visa is cancelled and other members of your family hold their visas as a consequence of being members of your family unit, their visas may also be cancelled.

Given the serious consequences of a decision to cancel your visa it is essential that you obtain legal assistance without delay. In this regard it is important to point out that you only have a very limited period in which to provide written arguments to the Department of Immigration as to why your visa should not be cancelled.

Craddock Murray Neumann have advised a large number of clients where the Department has attempted to cancel their visas because the Department considered that they (the clients) had provided incorrect information as part of their application for an Australian visa.

If you have any questions in relation to visa cancellation please feel free to contact our Michael McCrudden on mmccrudden@craddock.com.au

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