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Visa Cancellation

ORANGE GLOBAL   →  Visa Cancellation

Visa Cancellation

Reasons for visa cancellation:

Your visa may be cancelled if:

  • you were non-compliant with visa conditions
  • you did not meet our character requirements
  • you provided false information on your visa application

Notification of Visa Cancellation:

Australian Government will usually notify you of their intention to consider cancelling your visa(if you are in Australia or immigration clearance) and will give you the chance to put forward reasons why your visa should not be cancelled.

Character grounds

The Minister has the power to refuse or cancel your visa if you do not pass Australian Government character test.

The Minister may cancel your visa if you:

  • have ever been sentenced to 12 months or more imprisonment (regardless of time actually served), or
  • have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child

You will have 28 days to make representations of why you think the decision to cancel your visa should be revoked. We will consider all the circumstances of your case before we respond.

In other cases where you appear to fail the character requirements, Australian Government will give you opportunity to put forward reasons your visa should not be cancelled before we cancel your visa.

Paying for Visa sponsorship

If it involves you in paying for visa sponsorship, Australian Government might cancel your visa.

All circumstances will be taken into consideration before making a decision. This will include:

  • if you started or were complicit in the paying for sponsorship,
  • your intent in coming forward (whistle-blower, actively providing us with information)

Your visa may not be cancelled if your payments were due to threats or exploitation (human trafficking or slavery). You should give us all relevant information if that is the case.

You will put forward reasons your visa should not be cancelled. You should include evidence showing:

  • the strength of your ties to Australia
  • your contribution to the Australian community

Study Changes

Your student visa can be cancelled if you are no longer enrolled in a registered course.

On completion of the course, your enrolment ends even if this is earlier than the end date on your Confirmation of Enrolment.

Steps you must take after you on course completion depends on your enrolment arrangement.

If you complete the course for which your visa was granted, you will have 3 months to depart Australia or apply for another visa.

Australian Government may cancel your visa in these situations:

  • you complete the course for which we granted your student visa and you do not leave Australia or apply for a new visa within 3 months.
  • you have changed courses since we granted your student visa and your new Confirmation of Enrolment for your principal course has an earlier end date and you do not leave Australia or apply for a new visa within 28 days of completing the course.
  • you are studying more than one course on your visa (course packaging) and you finish a course early and have a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year).

Before Australian Government cancel your student visa, they will consider your situation. This includes if:

  • you legitimately finished the course early
  • you have a good academic record
  • it is reasonable to expect you to enrol in another course during the course gap

They might also cancel your visa if you are non compliant with any other student visa conditions.

Biosecurity contraventions

It is important to declare certain food, plant material and animal items from overseas as these items may:

  • introduce serious pests and diseases into Australia
  • devastate valuable agriculture and tourism industries and unique environment of Australia

The Minister has the power to cancel your visitor visa in immigration clearance

  • If you cannot meet the requirements to answer questions about goods
  • If you do not follow instructions given by a biosecurity officer in relation to goods or baggage
  • On providing false information or documents to a biosecurity officer

Objectionable goods

Your temporary visa can be cancelled by the Minister if you import objectionable goods and materials without having permission.

Objectionable goods include material that describes, depicts, expresses or otherwise deals with matters of:

  • sex
  • drug misuse or addiction
  • crime
  • cruelty
  • violence
  • revolting or abhorrent phenomena to offend a reasonable adult

It also includes goods that depict children under 18 years of age in a way that would:

  • offend a reasonable adult
  • promote crime or violence
  • promote drug misuse
  • advocate the doing of a terrorist act

Cancelled Visa

Cancellation of your visa might also bar you from making further visa applications or prevent you from being granted certain visas to travel to, enter or stay in Australia .

Refused or cancelled visa because of concerns about your character

If you have had a visa refused or cancelled on character grounds since you last arrived in Australia, the only visa you can apply for is a Protection visa.

If you are removed from Australia on character grounds, you may have difficulty satisfying the character test when applying for another visa to re-enter Australia.

Criminal Justice Entry visas

If you have a Criminal Justice Entry visa, or you stayed in Australia after Australian Government cancelled your Criminal Justice Entry visa, a Protection visa is the only option left for you to apply.

Refused a Protection visa

You can’t apply for a Protection visa again if, since you last entered Australia, they refused you a Protection visa.

An Application for another Protection visa can be made if the Minister decides it is in the public interest to let you submit a further application.

Request a visa cancellation

If you hold one of the visas listed below, or any other temporary visa having a validity of less than 6 months validity, we will not process requests for voluntary cancellation:

  • Visitor (Subclass 600)
  • eVisitor(subclass651)
  • Electronic Travel Authority(Subclass601)
  • Working Holiday visa(Subclass 417)
  • Work and Holiday visa(Subclass 462)

Waiting for outcome of application

If you apply for another visa in Australia, you may be granted a Bridging Visa A (BVA).

On cessation of current visa, the bridging visa comes in to effect. Before that, it is required that you comply with the conditions of your current visa.

Cancelling your visa will cause your Bridging Visa A to cease at the same time.

If your current visa is cancelled, you will need to apply for is a Bridging Visa E

Request a Review

If Australian government refuse or cancel your visa, you might be able to request a review of cancellation decision.

Appeal cannot be made, however, if a decision was made by the minister personally.

The independent Administrative Appeals Tribunal (AAT) is responsible for reviewing departmental decisions including visa cancellation decisions.

Lodge your application by the date mentioned in your decision notification letter, if you seek a review by the AAT.

How Can We Help

We at Orange Global help make your visa application process as easy as possible and also prevent it from Refusal. Re-applying will only add up to frustration and waste of your precious time and money.

Get in touch with Orange Global Experts.

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