How to avoid Cancellation of your Australian Visa

Complex Immigration Matters & Issues

Your visa can be cancelled if you are a temporary or permanent resident visa holder.

The Department of Home Affairs (the Department) has the power to cancel your Australian visa if it believes that you are not entitled to the visa which was granted to you, or you have not complied with the conditions of the visa or you do not meet the character requirements of the visa.

The Department can cancel your visa in the following circumstances:

you provided false information and/or documents in your visa application or entry card

you have not complied with a condition on your visa
the circumstances which permitted you to qualify for a visa no longer exist

you now fail the character test because you have a substantial criminal record

your past and present criminal or general conduct shows that you are not of good character
there is a risk that while you are in Australia you would:
- engage in criminal conduct
- harass, molest, intimidate or stalk another person
- vilify a segment of the Australian community
- incite discord in the Australian community or in a part of it
- be a danger to the Australian community or a part of it
you have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child

During the COVID-19 pandemic, temporary visa holders who are found to have breached public health orders and/or who threaten public health, safety or good order of the Australian community are liable to have their visa cancelled by the Department as well.

What will the Department consider before making a decision to cancel my visa?

In most cases, the Department must notify you that it is considering cancelling your visa, and it must then consider your response, before making a decision to either cancel your visa or allow you to keep your visa status unchanged. Time limits apply – if you do not respond within the period allowed you will lose your opportunity to make submissions. You must contact one of our experienced immigration lawyers as soon as you become aware that the Department is thinking about cancelling your visa.

If you receive a Notice of Intention to Consider Cancellation (NOICC) of your visa, the Department may be considering whether you are still entitled to your visa, or have breached your visa conditions or pass character requirements. To justify the cancellation of your visa, the Department will consider a variety of matters, such as:

the circumstances in which non-compliance occurred
your behaviour to the Department
your circumstances, including any other instances of non-compliance
the protection of the Australian community
the best interests of any children in Australia
Australia’s international legal responsibilities
the impact of visa refusal or cancellation on your family in Australia
any impact on Australian business and community interests

If you have failed the character test because you have a substantial criminal record, your visa will be mandatorily cancelled by the Department without being issued a NOICC. In this situation, the Department will give you the opportunity to request that the visa cancellation be revoked, and will consider the above-noted matters.

In circumstances where the Immigration Minister personally makes a decision to cancel your visa, your legal avenues will be more limited. Again strict time limits apply so contact us immediately for assistance.

What is the impact to my visa status if my visa is cancelled?

Visa cancellation is extremely serious and will impact your future in Australia and may impact your eligibility to obtain a visa in another country. If your Australian visa is cancelled:

you will become an “unlawful non-citizen” and may be placed in immigration detention

you may be forced to leave Australia by being removed/deported by the Department or Australian Federal Police

you may be prevented from returning to Australia for a period or indefinitely
you may not be eligible to apply for or be granted another Australian visa

The Department keep records of the types of visas cancelled and the reasons for cancellation. These are kept on public record here: https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/visa-cancellation

If your visa has already been cancelled then you should apply for a review

If your visa has already been cancelled, you may be able to have a Tribunal or Court review the decision. The Department can make mistakes in the reasons it cancelled your visa and in the procedure it had to follow to cancel your visa. You should ensure that you speak to an immigration lawyer to understand whether any legal avenues are available to you. Again strict time limits apply so contact us immediately for assistance.

Contact your immigration lawyer immediately

The next steps are to ensure that you have carefully considered your circumstances, especially if you have received a notice from the Department to cancel your visa. It is very important that you seek the right information before making a legal submission to the Department. By contacting a

We know that it is critical for you to put in a comprehensive response quickly and will give your matter priority, especially if your student visa has been cancelled.

We are able to quickly prepare a detailed response that will give you the best chance of being allowed to stay in Australia, even if it is alleged that you provided false information to the Department or did not comply with the condition on your visa or have failed the character test etc.

Craddock Murray Neumann Lawyers have more than 30 years’ experience in visa appeals and court appeals. Recently our immigration lawyers have successfully resisted visa cancellations where our clients have provided false information to the Department and/or have committed very serious criminal offences.

This page provides a summary of immigration law as at September 2021. Australian immigration law is complex and it changes regularly. We therefore recommend that you contact us without delay to speak with one of our experienced immigration lawyers if you are considering applying for a review of a visa refusal or cancellation.

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