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Visa cancellation statistics

​cancellations and refusals.

This page includes statistics on decisions made under the general cancellation provisions and under the character provisions (section 501) of the Migration Act 1958 .

Character refusal or cancellation decisions will, as a consequence, lead to any undecided visa applications or visas held also being refused or cancelled. Consequential cancellation or refusal figures are not reflected in the (character related) graphs.

Key cancellation statistics

• Character and general cancellation statistics as at 30 June 2023
• Character and general cancellation statistics as at 31 December 2022

Further Information

• Australian character requirements for visas
• Cancelling a visa

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3 what are the consequences of visa refusal or cancellation.

When a person’s application for a visa is refused or his or her visa is cancelled under section 501 of the Migration Act, unless he or she already holds a protection visa, the person becomes an unlawful non-citizen. [41]

Under the Migration Act, as an unlawful non-citizen the person must be placed in immigration detention and detained until he or she is either granted a visa, deported, or removed from Australia. [42]

As at 23 May 2013, there were 49 people in immigration detention because their visas had been cancelled under section 501, and seven people in detention who had their visas refused under section 501. [43] In 2011-12, 78 people who had been detained due to their visas being cancelled under section 501 were removed from Australia. [44]

In addition to being detained and possibly removed from Australia, a person who has a visa refused or cancelled under section 501:

• will be prohibited from applying for another visa (other than a protection visa or a ‘removal pending’ bridging visa) while in Australia [45]
• if removed from Australia following cancellation of their visa, will not be eligible to be granted most types of visas (and therefore to return to Australia) if their visa was cancelled because of a substantial criminal record, past or present criminal conduct, or a combination of past or present criminal and general conduct. [46]

[41] Migration Act 1958 (Cth), ss 13, 14, 501F. Under section 501F of the Migration Act, once a person’s application for a visa is refused or his or her visa is cancelled under section 501, all visas issued to that person, except for a protection visa or a type of visa specified in the Migration Regulations, are cancelled, and all applications for visas other than a protection visa are deemed to be refused. There are currently no other visas specified in the Migration Regulations for the purposes of section 501F.

[42] Migration Act 1958 (Cth), ss 189(1), 196(1).

[43] Department of Immigration and Citizenship , Response to ‘Request for Information from the Australian Human Rights Commission (AHRC) - Section 501 Visa Cancellation and Refusal DIAC Ref 1300157’, 29 May 2013.

[44] Department of Immigration and Citizenship, above.

[45] Migration Act 1958 (Cth), s 501E. Under section 501E(2), a person may still apply for a protection visa or a visa specified in the Migration Regulations (at the time of writing, the only visa specified in the Regulations was the subclass 070 Bridging (Removal Pending) visa: see the Migration Regulations, reg 2.12AA). However, see section 48A of the Migration Act, which may prevent a person from making an application for a protection visa while in Australia if they have already had a protection visa application refused, or a protection visa cancelled.

[46] See Migration Regulations 1994 (Cth), Schedule 5, clause 5001(c). The effect of that clause is that a person who has been removed from Australia following cancellation of their visa because of a substantial criminal record, past or present criminal conduct, or a combination of past or present criminal and general conduct will not be eligible to be granted any visa to which criteria 5001 applies.

In What Circumstances Can My Visa Be Cancelled?

By Yin Chiew Practice Leader

Updated on February 21, 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

Table of Common Cancellation Powers

How do i know if my visa has been cancelled, what rights do i have if my visa has been cancelled, my visa has been cancelled. what happens next, key takeaways, frequently asked questions.

The Minister for Home Affairs (or their delegate) can cancel your temporary or permanent visa. For example, c ertain acts require the Minister to exercise their discretionary or mandatory cancellation powers. The Minister may cancel your visa for several reasons, such as:

• providing fraudulent documents to support the visa application; or 
• being convicted of a serious crime (since the grant of your visa). 

This article will address the most common reasons for visa cancellations, the avenues for review and appeal, and the consequences of the cancellation for visa holders currently living in Australia.  

*This is not an exhaustive list and only addresses the most common reasons for which the Minister can cancel a visa. 

** If the power to cancel is discretionary, then the Department for Home Affairs has the option not to cancel the visa even though the reason for cancellation exists. On the other hand, if the power to cancel is mandatory, the Department must cancel the visa.

For all visa cancellations, the Department will send you (or your representative on the record) a Notice of Intention to Consider Cancellation (NOICC). The NOICC will outline why your visa should be cancelled and provide you with an opportunity to respond. Additionally, the exact timeframe will vary depending on the basis for the cancellation.

How Long Do I Have to Respond to a Notice?

Each cancellation category will have specific deadlines to respond. Additionally, t he NOICC will clearly state the number of days you have to respond. Therefore, it is important that you do not ignore a NOICC. 

What Are The Consequences For Secondary Visa Holders?

If you are the main applicant and your visa is cancelled, the visas of your family members will also be cancelled. 

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You can appeal the decision to cancel your visa to the Administrative Appeals Tribunal (AAT). However, you must lodge an appeal within the prescribed time frame. Then, if your AAT appeal is unsuccessful, you may be able to appeal the decision to the Federal Circuit and Family Court of Australia (FCFCA), provided you can argue that the AAT has made a legal error. However, you can only exercise your right to appeal within the prescribed deadlines.

If your visa has been cancelled, your presence in Australia is unlawful. You may then be subject to detention and eventual deportation from Australia. 

The cancellation of your visa limits the types of visas you can apply for whilst you are in Australia, due to the section 48 bar under the Migration Act.

If you receive a NOICC, take action immediately. See a professional in immigration law equipped with the skills to navigate you through this process. This will ensure you have the best opportunity to avoid cancellation. 

Evidently, a visa cancellation has dire consequences for you and your family. If you experience a visa cancellation, receive a NOICC, or wish to appeal a cancellation, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page .

In most circumstances, yes. However, if you have been convicted of certain crimes or are subject to certain lengths of imprisonment, your visa cancellation may be mandatory.

Firstly, you can appeal the cancellation to the Administrative Appeals Tribunal. Then, if this fails, you may be able to appeal to the Federal Circuit and Family Court of Australia.

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Reports Australia cancelled visas of Palestinians fleeing Gaza ‘disgraceful’, advocates say

Amnesty coordinator says move sends ‘mixed messages’ to refugees and government should clarify what has happened

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Refugee advocates have urged the government to provide immediate clarity over visas for refugees fleeing the war zone in Gaza, after several Palestinians claimed their visas were cancelled at the last minute as they prepared to board planes.

Amnesty International’s national refugee coordinator, Dr Graham Thom, said the government’s reported move to cancel visas that had previously been issued “doesn’t make sense”. He said Australia was sending “mixed messages” to other refugees trying to flee Gaza.

“There must be a way out for people trapped in this circumstance and there must be a way for Australians to bring their families to safety,” he told Guardian Australia.

On Tuesday morning a Palestinian-Australian woman in Egypt claimed on social media that families who had escaped Gaza and made it to an airport in Cairo had been told their Australian visas were cancelled. The woman, who Guardian Australia contacted for more information, claimed the families had been told that the government cancelled the visas on the basis the visa-holders did not “intend for their visit to be temporary”.

Government sources earlier in the week branded as incorrect the claim that visas had been cancelled because of concerns about people overstaying.

More than 30,000 Palestinians have reportedly been killed in Israel’s bombing campaign on Gaza, coming after the 7 October terrorist attack by Hamas which killed more than 1,200 Israelis. Aid trucks are struggling to reach people inside the besieged Palestinian territory.

One woman, who spoke to the Sydney Morning Herald , claimed she had been allowed to board a plane from Cairo to Australia with a stopover at another Middle Eastern airport. But she said when attempting to board the final leg to Australia, she was told her family’s visas had been cancelled. The newspaper reported the contents of a letter from the Department of Home Affairs addressed to the woman, which said the department believed “you never intended a genuine stay temporarily in Australia and therefore the visa was granted based on circumstances that never existed”.

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The government letter reportedly pointed to “the situation in your home country, including the current conflict, the internal displacement of persons and the difficult circumstances facing ordinary citizens there” as factors leading them to believe the woman would not stay in Australia only temporarily.

On Thursday, a spokesperson for the home affairs minister, Clare O’Neil, said the government “will not comment on individual cases”, but didn’t dispute claims that people had their visas cancelled.

“The Australian government recognises that this is an incredibly distressing time for Australians with extended family members in Gaza,” O’Neil’s spokesperson said.

“All visa applicants undergo security checks and are subject to ongoing security assessments. The Australian government reserves the right to cancel any issued visas if circumstances change.”

It’s understood that letters confirming a visa cancellation may state one specific ground for revoking the visa, but that other factors may exist.

Government data showed that between 7 October and 6 February, Australia issued 2,273 visitor visas to people declaring Palestinian citizenship. Only a small number of Palestinians have actually made it to Australia owing to travel difficulties. 460 visitor visas for Palestinian applicants were refused in the same period.

The government has previously strongly backed its security processes.

Thom, Amnesty’s refugee coordinator, said on social media: “This is absolutely disgraceful, these were the visas people fleeing Gaza were told to apply for on the DHA website, the same visas people fleeing Ukraine applied for, never any expectation they were tourists, this is abhorrent.”

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Palestinians trying to flee Gaza were told to apply for a 600 class Australian visa, Thom said, which allows overseas residents to temporarily visit family and friends. He said that refugees fleeing the war in Ukraine had been told to apply for the same visa class without any incidents of cancellation reported.

“We need to see some clarity from government on what has happened in this situation. The advice on the government website is very clear, that these are the visas people should apply for,” Thom said.

“If it’s an issue with security, people need to be told that and informed what mechanisms exist for appeal. If it’s not security and it’s the type of visas they’re applying for, the government needs to change their website and give different advice.”

“People are still trying to get out, who have visas to Australia. They need to know they’ll be able to get on the plane.”

The Greens immigration spokesperson, Nick McKim, condemned the situation as an “injustice”, calling for the visas to be reinstated.

“To cancel visas for those fleeing such horrendous conditions shows a lack of humanity and causes unnecessary further suffering. The minister urgently needs to intervene and fix this mess,” he said.

“At the very least, those affected must be granted temporary visas immediately so they can stay safely in Australia while any issues are resolved. It’s time for Labor to step up and show some leadership in the face of a humanitarian crisis.”

Jana Favero, director of advocacy at the Asylum Seeker Resource Centre, said she was deeply shocked by the reports.

“We are seeking urgent clarification, as the reason for visa cancellations is unclear and confusing. This causes unnecessary distress for people fleeing Palestine,” she told Guardian Australia.

“At times of international humanitarian crisis, safe passage and quick responsive leadership and action is needed by governments, including the Australian government.

“Our international humanitarian obligations are clear and we are simply demanding fair and equal treatment of Palestinians that were afforded to people fleeing persecution such as our response to the situation in Ukraine.”

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Australian visa cancellation

Understanding visa cancellations.

Australia offers a range of visa options to foreign nationals, allowing them to stay in Australia temporarily or even permanently. However, with the privilege of holding an Australian visa comes a set of responsibilities and conditions. Failure to comply with these regulations or changes in personal circumstances can lead to the cancellation of one's visa. 

Understanding this crucial aspect of Australian immigration is essential for those seeking to enjoy their stay in this magnificent country while adhering to its laws and regulations. We explore the reasons behind it, the processes involved, and the potential consequences for visa holders.

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What is visa cancellation?

Understanding what visa cancellation entails is crucial for anyone navigating Australian immigration policies. Visa cancellation refers to the formal termination of a previously approved and valid visa. This action invalidates the visa, meaning the affected individual is no longer authorised to stay in Australia or use that visa for entry. This situation can arise across various visa types, each with its specificities and implications. To gain a deeper insight into how visa cancellations might affect different visa categories, we invite you to explore the following dedicated pages:

Discover the specific reasons and procedures for the cancellation of business and working visas, and the implications for professionals and entrepreneurs in Australia.

Explore how medical or health-related issues can lead to visa cancellations, and the options available for those affected.

Learn about the unique considerations and potential consequences of partner visa cancellations, including effects on family and relationship status.

Understand the critical aspects of protection visa cancellations, including the grounds and impacts on asylum seekers and refugees.

Find out what leads to student visa cancellations, and what it means for international students' education and stay in Australia.

Get insights into the reasons behind tourist or visitor visa cancellations, and how it affects short-term stays in Australia.

Visa cancellation process

Navigating the complexities of visa cancellations can be daunting. This section provides an overview of the process, all the way through to the filing of submissions and the determination of your application. We emphasise the importance of representation throughout the process to ensure your interests are protected. Our experienced team offers dedicated support, ensuring that every client is well-informed and prepared for every stage of their visa journey. Our process includes the following steps:

1. Consultation and engagement

Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.

2. Preparation and support

We will prepare written submissions in support of your appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.

3. Submission and communication

We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.

4. Representation and outcome

We will represent you in the AAT or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.

Power to cancel a visa

Your employer, a sponsor or family member cannot cancel your visa. Cancelling visas is at the discretion of the Department of Home Affairs. Therefore, only the Minister or a delegate of the Minister can cancel your visa.

Importantly, if the Department cancels your visa, your family members’ visas may also be cancelled.

Visa cancellation can be discretionary, mandatory, or by the operation of law. However, you can ask the Department to cancel your visa in some circumstances. Additionally, a parent or guardian can request the Department to cancel the visa of a person under 18 years old.

Reasons for visa cancellation

Discretionary Cancellation: There are many reasons that may lead to visa cancellation, including where:

• You breached your visa conditions
• You did not meet Australian visa character requirements
• You provided false information on your visa application
• You were involved in paying for visa sponsorship
• You were no longer enrolled in a registered course (if you are a student visa holders)
• You contravened Biosecurity laws such as failing to declare certain goods on your incoming passenger card, and disobeying directions given by a Biosecurity officer in relation to goods or baggage
• You imported prohibited goods and materials without permission

Mandatory Cancellation: The Department must cancel your visa if you are serving a sentence in a prison full-time for a crime and you have:

• Been sentenced to death, or imprisonment for longer than a year
• Been convicted of a child-related sexual offence

How do you know your visa has been cancelled?

If you are in Australia or immigration clearance, the Department will usually notify you of their intention to consider cancelling your visa. They will give you the opportunity to put forward reasons why they should not cancel your visa.

If you are outside Australia, the Department has the power to cancel your visa without any visa cancellation notice.

Consequences of visa cancellation

If your visa is cancelled, you might be barred from making further applications. In other words, it may prevent you from being granted certain visas to travel to, enter, or stay in Australia. 

Moreover, if you have applied for another visa and are granted a Bridging visa A (BVA), your BVA will cease at the time your current visa is cancelled.

If you have a visa cancelled on character grounds since your last arrival in Australia, the only visa you can apply for is a Protection visa. Also, it is very difficult for you to satisfy the character requirements when applying for another visa to re-enter Australia.

Exploring options post-visa cancellation

Facing a visa cancellation can indeed be a stressful and challenging experience. However, it's essential to remember that there are still pathways available to challenge such decisions and potentially secure a new visa. 

You can appeal the cancellation by submitting an application to the independent Administrative Appeals Tribunal (AAT) which is responsible for undertaking merits review of departmental decisions, including visa cancellation decisions.

Please be aware that appeals have strict time limits. You must appeal within the time specified in the Department’s notification letter. 

It is also available to you to seek judicial review if you believe the cancellation decision was not lawfully made.

Seeking immigration assistance from registered migration agents or immigration lawyers is absolutely essential when challenging visa cancellation decisions. The process of addressing visa cancellations demands a deep understanding of immigration law and extensive experience navigating the complexities of the system. Visa cancellations can have profound and lasting consequences, potentially making it exceedingly difficult to secure an Australian visa in the future. Therefore, it is paramount not to jeopardize your chances by attempting to navigate this intricate process alone.

Benefits of using an immigration lawyer

While we cannot offer guarantees of success, as no such assurances exist in immigration matters, we genuinely care about our clients and their unique circumstances. Therefore, our commitment is to provide unwavering support and timely assistance, ensuring that you receive quality guidance tailored to your appeal process and visa pathway.

• Australian Migration Lawyers is a distinguished firm backed by a team of highly trained Australian lawyers.
• Our lawyers have specific knowledge of migration law.
• We have  wealth of experience in handling a wide spectrum of immigration matters, including complex visa cancellation cases and representation at courts and tribunals.
• We can help make the process straightforward and stress-free.

Frequently asked questions

Read our most commonly asked questions about visa cancellations:

What happens if my visa is cancelled and I don’t leave Australia?

Remaining in Australia after your visa is cancelled is not a viable option as you will be considered an unlawful non-citizen in Australia. If you don’t leave voluntarily, you may be subject to deportation where the Australian government will forcibly remove you from the country at your own expenses. Also, you may be detained at immigration detention centres while arrangements are made for your removal from Australia. Further, immigration history can significantly impact your future visa applications and it would be challenging for you to access essential services such as healthcare, education, and employment while overstaying in Australia.

Can I apply for a new Australian visa following a visa cancellation?

The Department might apply a re-entry ban which prevents you from applying for a new visa following your previous visa cancellation. Depending on the circumstances, if you don’t face a re-entry ban or restriction for a specific period, you can apply for a new Australian visa after that. However, a previous visa cancellation may impact the assessment of your new visa application, so it is essential to demonstrate your eligibility and compliance with visa conditions.

Can I appeal against a visa cancellation decision?

Yes, you can appeal against a visa cancellation decision. The appeal must be lodged with the Administrative Appeals Tribunal (AAT) within a specific timeframe mentioned in the cancellation notice. The AAT will review the decision and determine if it was made in accordance with the law. It's advisable to seek legal advice to assist with the appeal process.

What are the long-term implications of a visa cancellation on future applications?

A visa cancellation can significantly impact your future visa applications. It may lead to a re-entry ban for a certain period, and future applications will likely undergo more rigorous scrutiny. It's essential to disclose any past visa cancellations in subsequent applications.

Can visa cancellation affect my family members?

Yes, if your visa is cancelled, it may have implications for family members who hold dependent visas. Their visas can be at risk of cancellation as well, depending on their individual circumstances and the reasons for your visa cancellation.

Is it possible to prevent visa cancellation?

Prevention depends on the reasons for potential cancellation. Staying compliant with visa conditions, providing accurate information in applications, and promptly addressing issues raised by immigration authorities can help prevent cancellation. In some cases, engaging a migration lawyer early can assist in resolving issues before cancellation occurs.

What should I do immediately after receiving a visa cancellation notice?

Immediately seek legal advice. Time is of the essence as you may have a limited period to respond or appeal the decision. Collect and organize any relevant documents and information that may support your case.

Are there any exceptions to mandatory visa cancellations?

Mandatory cancellations typically have fewer grounds for exception. However, individual circumstances such as humanitarian considerations may be taken into account. Legal advice is essential in these situations.

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Visa Cancellation

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A visa may be cancelled by the Australian Government for a number of reasons. The most common reasons are as follows:

• you (or a secondary visa holder) did not comply with a visa condition;
• you included bogus or fake or fraudulent documents in your application;
• you provided false or misleading information in your application;
• you have withdrawn from a course or not met course requirements;
• the visa grant was based on facts or circumstances that no longer exist;
• you ask for a visa to be cancelled by consensus;
• the visa grant contravened the law;
• you have become a risk to community public health, safety, or good order;
• you have been sentenced to a 12-month gaol term or are facing pending charges;
• you have been convicted of a sexual offense against a child.

Cancelling visas is at the discretion of the Department of Home Affairs.

A Visitor visa can also be cancelled on the spot at the airport if an immigration official thinks your intentions to visit Australia are not genuine or you have been caught bringing quarantine restricted materials into Australia.

We do not recommend you request cancellation of your visa because you have applied for another better visa. For example, we do not advise you to request that a Student visa is cancelled because you have applied for a Partner visa, because when a visa is cancelled all other visas are cancelled including your bridging visa.

If your visa is cancelled

If the Department cancels your visa, all other visas that you hold including bridging visas and the visas of other family members may be cancelled. 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.

• 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

Notice of Intention to Consider Cancellation (NOIC)

If you are in Australia, the Department will usually notify you of its intention to consider cancelling your visa in writing. The Notice will give you the opportunity to put forward reasons why your visa should not be cancelled. This is known as Notice of Intention to Consider Cancellation. If you receive this notice, you have the opportunity to respond and argue why your visa should not be cancelled.

Receiving a NOIC can be very stressful and we advise you to seek legal advice upon first receiving this notice.

If you respond to the NOIC and the Department accepts your response, you will continue to hold a visa. If the Department does not accept your response or you do not respond then a formal Notice of Cancellation notice will be sent to you either by post, email or in person. Your visa will be cancelled and you will be given a certain number of days to depart Australia or will be placed in immigration detention.

If your visa is not cancelled, and you receive a warning, your visa might still be cancelled in the future if you are convicted of other offenses.

If your visa is cancelled you can appeal to the Administrative Appeals Tribunal (AAT) and then the Federal Circuit Court.

For more information visit: https://immi.homeaffairs.gov.au

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What you need to know about australian visa cancellations.

There are several reasons why your Australian visa can be cancelled. 

The following scenarios are common:

• Cancelled due to breaching a visa condition.
• Cancelled on reasonable suspicion that conditions of the visa are being breached.
• Cancelled due to pending criminal charges.
• Cancelled due to providing false and misleading information.
• Cancelled due to failure of the character test.
• Student visa holders not meeting the requirements of their course or not being enrolled full time.

Visitor visa cancellation at the airport

Tourist visa holders are commonly caught by immigration officials for failing to declare their intentions for their visit or for bringing hazardous materials into Australia.

Recently, any visitor visa holder who breaches Australian biosecurity laws will have their visa cancelled and may be detained in immigration detention pending their removal from Australia. The cost of this removal will be met by the non-citizen.

Automatic cancellation of a visa

Your visa will be automatically cancelled if you meet the following criteria:

1. You are not a citizen of Australia; AND

2. you are currently serving a sentence of imprisonment in a custodial institution, on a full time basis for an offence against a law of the Commonwealth, State or Territory; AND

• while you have been in Australia you have been sentenced to a term of imprisonment for 12 months or more.
• you have ever been convicted of a sexual offence against a child.

Cancellation process

An Australian visa can only be cancelled by the Department of Home Affairs or the visa holder writing to the Department to cancel their current visa. Any other third party cannot cancel your current visa.

You may receive a warning letter advising you that your visa may be cancelled. This is known as Notice of Intention to Consider Cancellation . If you receive this notice, you may choose to respond. As this notice is already a warning, it is best you seek legal advice upon first receiving this notice.

If you respond to the Notice and the Department accepts your response, then you will continue to hold a visa. If the Department does not accept your response or you do not respond then a Notice of Cancellation notice will be sent to you either by Post, Email or in Person.

My Visa is cancelled, what are my options?

If the decision is a discretionary visa cancellation.

Once a Notice of Cancellation is received by you, it means you no longer hold a valid visa and you are considered unlawful. However you can appeal the decision in the Administrative Appeals Tribunal. During this time, you may be transferred to an immigration detention facility because you do not hold a visa.

If the decision is a mandatory visa cancellation

If your visa is cancelled automatically because of your criminal history then you will have 28 days from the date of the notice to request that the Minister reconsider the cancellation and revoke the decision.

You must make sure that your response reaches the Department in time. You must complete the Request for Revocation of a Mandatory Cancellation Under 501(3A) form within 28 days. Supporting evidence should also be given to support your claims in accordance with Ministerial Direction 79.

What if I have a visa application in processing at the time of my visa cancellation?

Cancellation decisions will, as a consequence, lead to any un-decided visa applications or visas held also being refused or cancelled. Any bridging visa you hold associated with a visa application will also be cancelled.

Visa cancellation trends

Data from the Department of Home Affairs shows that over a 12 month period there were 888 visa canceallations on character grounds alone. New Zealand nationals represented the greatest share of visa cancellations, however they also have the greatest representaion amongst visitor visa holders overall.   

Character cancellations undertaken from 1 January 2018 – 31 December 2018, By top 10 nationalities

Source: Department of Home Affairs

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

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Why some australian tourist visas get cancelled: common reasons.

Australia, a sought-after destination for its breathtaking landscapes and cultural diversity, annually attracts millions of visitors under its tourist visa. Many visitors enter the country on a tourist visa, officially known as a Visitor Visa (subclass 600). However, not all who apply or travel on these visas have a seamless experience,  facing abrupt cancellations.

This article delves into the nuances of Australian tourist visas, shedding light on why tourist visas get cancelled. Understanding these reasons is vital for anyone aspiring to travel to Australia under a tourist or visitor visa, ensuring their dream trip doesn't end in unforeseen complications.

Understanding Australian Tourist Visas

Australia attracts countless global visitors with its unique landscapes and vibrant culture. To enter, most tourists require a Visitor Visa (subclass 600), commonly referred to as a tourist visa. This visa allows tourists to experience Australia for leisure, family visits, or short-term business activities. It allows a stay of up to 12 months, although the Australian Department of Home Affairs determines the exact duration.

The key to obtaining and maintaining this visa is adherence to its conditions, including the specified stay duration and prohibitions on employment. The Australian government strictly monitors compliance, and any breach can lead to visa cancellation. Awareness and respect for these regulations are essential for a fulfilling Australian journey. Thus, understanding and respecting the nuances of Australian tourist visas is crucial for a hassle-free visit to this diverse and welcoming country.

Common Reasons for Visa Cancellation

Visa cancellation, a concern for many intending to travel internationally, can be particularly distressing for those planning to visit countries like Australia. Understanding the common reasons for visa cancellation, especially for tourist visas, is crucial in ensuring a smooth travel experience.

1. False or Misleading Information: 

One of the primary reasons for the cancellation of tourist visas in Australia is providing false or misleading information in the visa application. This includes falsified documents, incorrect details about the purpose of the visit, or hiding information about past criminal convictions. Australian authorities take the integrity of the visa process very seriously, and any discrepancy can lead to immediate visa cancellation.

2. Non-compliance with Visa Conditions: 

Each Australia tourist visa comes with specific conditions, such as not working while in the country or not overstaying the visa's validity. Visitors who violate these conditions risk having their visas cancelled. For instance, engaging in employment on a tourist visa is a common violation that leads to cancellation.

3. Overstaying the Visa: 

Overstaying a tourist visa in Australia is a serious offense. Visitors must leave the country by the date specified on their visa. Failure to do so can result in cancellation of the visa and potentially being barred from returning to Australia for a certain period.

4. Health and Character Requirements: 

Australia has strict health and character requirements for visitors. Tourist visa applicants must meet these requirements. If a visitor is found to have a serious health condition that was not declared or poses a threat to public safety, their visa can be cancelled.

5. Changes in Circumstances: 

If the circumstances under which the tourist visa was granted change significantly, this can lead to cancellation. For example, if a visitor's reason for traveling to Australia changes from tourism to seeking employment, the Australian authorities may cancel the visa.

These measures are in place to ensure the safety and wellbeing of both the visitors and the residents of Australia.

Preventive Measures

When planning a trip to Australia, ensuring the validity of your tourist visa is very important. To avoid visa cancellation, applicants and holders of Australian tourist visas should:

• Provide Accurate Information : Always provide truthful and accurate information in the visa application and during the visa interview process. This includes accurately disclosing your reasons for visiting and any past legal or immigration issues. Double-check all the details before submission.  
• Understand and Adhere to Visa Conditions : Be fully aware of the conditions of your tourist visa. If unsure, seek clarification from the Australian embassy or an immigration expert. These typically include not engaging in work, adhering to the length of stay permitted, and not participating in activities that violate the visa's terms.  
• Respect the Visa Duration : Plan your trip according to the duration of the visa granted.  Monitor the expiry date of your visa closely. If you wish to extend your stay, apply for an extension well in advance before the current visa expires. Overstaying can lead to cancellation and future entry bans.  
• Meet Health and Character Standards : Australia has strict health and character standards for incoming tourists. Ensure that you meet these requirements and report any changes that may affect your eligibility.  
• Inform About Changes in Circumstances : If there are significant changes in your situation, such as changes in health, marital status, or purpose of visit, inform the Australian Department of Home Affairs promptly.

By following these guidelines, tourists can significantly reduce the risk of having their Australian visitor visas cancelled, ensuring a smooth and enjoyable visit to Australia.

The Role of Immigration Authorities

The Australian Department of Home Affairs plays a crucial role in the administration and regulation of tourist visas. They are responsible for monitoring compliance and deciding on visa cancellation cases. Understanding their procedures and guidelines is key for tourists to avoid any issues during their stay.

Impact of Visa Cancellation

The cancellation of a tourist visa can have far-reaching consequences. Not only does it disrupt travel plans, but it can also lead to detention and removal from Australia. Furthermore, it can affect the individual's chances of obtaining future visas, not just for Australia but for other countries as well.

Common Misunderstandings Leading to Visa Cancellations

• Working on a Tourist Visa : A common misunderstanding among visitors is that casual or part-time work is permissible on a tourist visa. However, any form of employment is strictly prohibited and can lead to immediate visa cancellation.  
• Misinterpretation of Visa Duration : Some tourists misinterpret the validity period of their visa, assuming they can enter Australia at any time during this period and stay for the full duration allowed. It's crucial to understand that the stay period is calculated from the date of entry, not the visa issuance date.

Visiting Australia on a tourist visa can be a dream come true for many. However, this dream can quickly turn sour if the visa is cancelled due to non-compliance with the rules and regulations set by Australian authorities. Understanding and adhering to these rules is key to ensuring a hassle-free and enjoyable visit to Australia. Remember, maintaining the integrity of your visitor visa is not just about following the law; it's about respecting the privileges of international travel and the hospitality of the host country.

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Australian Visa Cancellation: All You Need To Know

Are you someone who got the blues because of those inevitable worries for Australian visa cancellation? If that sounds like you, then do know that you are not alone. After all, visas are a significant part of your life and future. However, there are ways that you can better deal with your worries.

You can always learn more about what Australian visa cancellations entails and what options you have, in case you are ever faced with one. Therefore, we have taken this opportunity to explore all the questions and concerns surrounding Australian visa cancellations. We hope this will help you with both avoiding any risks that may potentially lead to an Australian visa cancellation, as well as, make use of  all the opportunities that you have if your Australian visa gets cancelled.

Table of Contents

What to do if my Australian visa gets cancelled?

• Firstly, you must consider making an application for appeal or another visa that may be applicable to you.
• Simultaneously, you should also apply for a bridging visa , which allows you to lawfully stay in Australia, as you await the outcome of our substantive visa application.
• Get in touch with the Department of Home Affairs or an Australian Migration lawyer to know more about your rights and obligations (that you might be subjected to).

How long can I remain in Australia after visa cancellation?

• After your visa has been cancelled, carefully check the Notice of Cancellation for an appeal option. If you are able to apply for an appeal then you can lawfully stay in Australia until a decision has been made on your appeal application. If your migration application is appealed to the Administrative Tribunal it could be at least 2 to 4 year before your case is assigned to a member. If your migration application is appealed to the Federal Court the current wait time can be at least 12 months before a hearing.
• In the situation where you do not hold any visa according to the Australian Migration Laws, you may be detained by the authorities if you fail to depart Australia by the specified date.
• If you aren’t sure what your options are after the cancellation of your current visa, then we would recommend that you seek professional consultation prior to departing Australia.

At Path Migration , we have a team of immigration lawyers who have dealt with many visa cancellation and refusal cases. Our team works closely with the clients and we have always been able to ensure lawful stay of our clients. We can help you apply for an appeal and get your visa cancellation revoked . In addition to that, the team can also help you apply for other visas that you may qualify for. For more information, or to discuss your case feel free to contact us , or just send us an email at [email protected] .

What are the visa conditions after Australian visa cancellation?

• If your Australian visa has been cancelled, then you are no longer bound to any visa conditions , since you need a valid visa for those conditions to be effective.
• Your stay, however, will become unlawful in Australia, therefore, to avoid detention by Authorities, you must voluntarily depart Australia by the specified date or apply for another visa.

What happens during the interim period between receiving the Notice of cancellation and departing Australia or applying for an appeal? 

• After you receive the notice of cancellation you should ensure that you maintain your legal status in Australia by ensuring your bridging visa is still valid and if it is not, then you must apply for a bridging visa.
• While your case is waiting for a decision you should still maintain the conditions of the visa that was cancelled . For example, if your student visa was cancelled; then you should ensure you continue studying as this will be important evidence that will assist the visa Appeal.
• If you receive a notice of cancellation it is important to contact an Immigration lawyer as there are time limitations on applying for appeals and another visa.

What to do if my sponsored employer cancels my sponsored employee visa?

• As a sponsored employee your visa can be been cancelled due a number of reasons including:
• You have been made redundant or you are asked to leave the company for breaching the employment contract.
• Your sponsor has breached the conditions of Sponsorship and cannot sponsor employees.
• Your sponsor has decided to sell the business and the new owners may not wish to continue to sponsor or change the ABN details of the new entity.

The above are some examples of why a change in the Sponsor’s situation may impact on your 482 visa. The next steps that you can undertake will be dependent on your particular situation. A couple of different options are explained below:

• You’d need to find another employer, who’d sponsor you.
• Apply for another visa that you may qualify for; this could include Student Visa, partner visa or a training visa.
• Prepare to depart Australia.
• If you believe that you have been let go unfairly, or you expect your employer might be letting you go soon, then we’d recommend that you seek legal advice beforehand so that you are prepared for the unexpected.

Can my employer cancel my 482 visa?

• The 482 visa can only be cancelled by the Department of Home Affairs. Actions taken by your employer can result in your 482 visa being cancelled. If there’s any change in your employment arrangement that may affect your visa, they are legally bound to notify the Department of Home Affair of those changes.

What happens to my Superannuation fund?

• If your visa has been cancelled or it expired, and you are departing Australia permanently, in that case you can access your super for free with the ATO’s DASP online system .
• Before you can access your superannuation you will need to provide a copy of your cancelled visa to the Superannuation fund.

Path Migration has helped many businesses sponsor new employees , therefore, the team can provide advice regarding the rights and responsibilities, and options for both sponsored employees and sponsor employers . Our team has wide experience in Skilled Migration visas, Business Skills migration visas, Employer Sponsored Work visas, as well as the Administrative Appeals Tribunal (AAT) Review, Judicial review and Ministerial Intervention . For more information, do not hesitate to contact us .

Can I cancel my visa?

• If your circumstances have changed and you’d like to have your current visa cancelled then you’d need to do that by writing to the Department for Home Affairs . It is important to note here that this process takes some time to process.

How to cancel my visa application?

• Log in to your ImmiAccount .
• Click on ‘view’ to open your application.
• Then select ‘Update details’
• Finally click on ‘withdrawal of a visa application’ to permanently withdraw your application.
• Prior to withdrawing, do note if your current visa is a bridging visa or not. As the bridging visa might also cease if you withdraw the application based on which that bridging visa has been granted.

Can I cancel my appointment with the Department of Home Affairs?

• If you fail to show up on your scheduled appointment without any prior notification regarding the change, in that case the Department of Home Affairs will proceed with their decision on your visa application or your case as they deem the best.
• However, if you are able to provide a reasonable explanation for the failure to show up , you would need to provide your reasoning in writing to the case officer as soon as possible.

Why was my visa cancelled?

• If you are a student visa holder, and you are no longer enrolled in a registered course.
• If you fail to fulfill the obligations to answer questions about goods on your incoming passenger card; or you fail to follow the directions given by a bio-security officer.
• You have been sentenced to 12 months or more imprisonment.
• You have provided false information on your visa application
• You have been charged with paying for a visa sponsorship.
• To know specifically why your visa has been cancelled you need to check your Notice of Cancellation.

Will the visa application fee be refunded if the visa has been cancelled or visa application rejected?

• No, the visa application fee and the visa cancellation appeal fee are both non-refundable . Therefore, regardless of the outcome, the fee will not be refunded.

Can my Permanent Resident visa be cancelled?

• For those with a permanent visa, the risk of visa cancellations are still there like any other visa if you fail to comply with your visa condition.
• However, do note that unlike temporary visas, the permanent visas are slightly harder to cancel.
• In case you happen to be off-shore at the time of cancellation, the chances of you applying for an appeal becomes very difficult.
• Therefore, if you are anticipating that your visa might be cancelled, it would be recommended that you remain in Australia until you have received a final decision. This will allow you to utilize the option of filing an appeal.

Is it possible for a cancelled visa to be reinstated?

• After having applied for an appeal for a cancelled visa, if the Administrative Appeal Tribunal (AAT) determines that the prior cancellation decision has been incorrect, in that case your visa is no longer cancelled. Unfortunately, due to terminology, it’s not said that your visa got reinstated , rather, after the AAT’s decision, it’s treated as if the prior incorrect decision of visa cancellation never happened.

Do Permanent visa holders get deported?

• If your permanent visa has been cancelled and the AAT decides that the prior decision of visa cancellation sustains, in that case either you depart Australia voluntarily or you get deported from Australia by the immigraton authority.

Can the Permanent Residence visa be revoked?

• If the immigration authorities determine that your circumstances have changed so drastically that according to the laws and requirements on which you have been granted that permanent residence visa can no longer fit you, in that case your visa gets cancelled. Again, it’s a matter of terminology, that we say your visa is getting “cancelled” rather than “revoked”.
• One of the common examples of why your visa might be cancelled is if it has been discovered that you provided false information in your application.

Can a permanent visa expire?

• Usually permanent residence visas have a time limit, for example a 5 year validity.
• This time validity works slightly differently from other visas with similar validity.
• If the time limit expires, that means you’re still able to remain in Australia , however, your option of travelling overseas with an expired visa is curtailed. Unfortunately, if you depart Australia, you won’t be able to re-enter after that 5-year time validity period has expired .

What can lead to the cancellation of 186 visa?

• If it has been unearthed that either you or your sponsor employer has provided false or misleading information. This can be in relation to your skills for occupation based on which you are being nominated.
• Also if it has been found that the relationship between primary and secondary applicants is fake.

How to apply for an appeal against a visa cancellation?

• You need to check your Notice of Cancellation to see if you have the option of appeal or not.
• If you have the option to file for an appeal, then you must submit the application with the AAT by the given deadline on your notification letter.
• The application is made online .
• At the time of application, you also need to pay an application fee for your application to be reviewed.
• So that your stay in Australia does not become unlawful due to not having a valid visa, after filing for an appeal you can apply for a bridging visa.
• Another thing one must note is that generally the deadline for applying for an appeal for a visa cancellation is substantially shorter than that of visa refusal. Therefore, in case of visa cancellation one must act fast if they are to utilize all the opportunities present to them.

Visa cancellations under Section 501 or 501CA of the Migration Act 1958

• Unfortunately if you have been convicted for criminal activities for more than 12 months, a mandatory cancellation will apply to you.
• In fact, this Section 501 gives the Minister the power to cancel your visa if your criminal convictions equals or exceeds 12 months.
• If you receive a Section 501 cancellation it is very important that you make submissions within 28 days to the Department of Home Affairs. If you fail to respond to the cancellation your appeal grounds can be limited.
• Factors to consider that you may want to consider including in your submission to the Department of Home Affairs relating to the Section 501 is
• Disclose all your family members in Australia
• Discuss the nature of the offence and the reason it was committed
• Focus on the steps you have taken to not commit further offences; this could include training courses or rehabilitation.
• Outline the people that would be impacted if you are deported; for example children or elderly family members

What to do if your visa has been cancelled under Section 501?

• You would need to submit an appeal. You need to make sure that your application is very well presented with all the right documents and reasonings. As explained above it is very important to make submissions relating to the Section 501 cancellation as soon as possible. You must respond to the Department of Home affairs within 28 days.
• In case you are late meeting the deadline, you may still have a chance to lodge an application. We would recommend that you contact an immigration lawyer to help you with this.

At Path Migration , we have dealt with many visa cancellation and refusal applications. We have been successful in reinstated permanent residency for clients that have had their visa cancelled due to criminal activities relating to fraud and drug offences. The S501 submissions are very complex and it is highly recommended that you consult an immigration lawyer to assist with these types of applications.

At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to [email protected] .

You may also be interest in: 

• Australian Border opening Advice
• Australia’s Travel Exemption
• Australian Migration: July Invitation Round 2021
• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa
• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream

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Australian Economy and its Opportunities in 2022

Queensland’s Skilled Migration Program- 190 visa and 491 visa

Western Australia Skilled Migration Program 2021-2022

[…] Australian Visa Cancellation: All You Need To Know […]

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Visas to visit Australia

Whether you are visiting Australia for less than 72 hours or planning on a stay of several years you must have a valid Australian visa.

A visa is a form of permission for a non-citizen to enter, transit or remain in a particular country.

Information on visas to Australia can be found at the Department of Home Affairs .

Related links

• Visiting Australia
• Australia.com - official Australian tourism website

Last Updated: 3 April 2019

• Migration Info Centre

Visa Cancellation Australia

When an Australian visa is cancelled, this means that a visa which was previously granted by the Department ceases to exist. A visa cancellation Australia can result in serious consequences for affected individuals (which may extend to family members who are visa dependents of the primary visa holder). Any options which may be available in addressing the cancellation will depend on the individual circumstances of each case, key factors being the reason/s or grounds on which the visa is cancelled and whether the (now previous) visa holder is located onshore or outside Australia at the time of the cancellation.

The Minister or a delegate of the Minister can cancel a visa. This can be discretionary, mandatory or by operation of law. Cancelling a visa is at the discretion of the Department of Home Affairs (the Department). If the Department cancels your visa, it may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa.

There are several grounds under which a visa cancellation Australia may occur under the migration provisions, and this will determine the Australian visa cancellation procedure that must be followed by the Department, including notification requirements and when the visa may be cancelled.

For example, a permanent visa cancellation Australia cannot occur under Subsection 116(1) of the Migration Act 1958 (Cth) if the holder of the visa is in the migration zone (which essentially means, in Australia)  and was immigration cleared on last entering Australia.

Or, if the Minister has determined that there are grounds for cancelling the visa under section 116 and the visa holder is outside Australia, the visa may be cancelled without notice being provided to the visa holder.

Your visa may be cancelled due a number of specified circumstances, including if you have not complied with your visa conditions, you do not meet the character test, or you provided false information on your visa application.

The migration provisions set out the Australian visa cancellation procedure. If you are in Australia or immigration clearance, the Department will usually notify you of its intention to consider cancelling your visa and give you the opportunity to put forward reasons as to why your visa should not be cancelled.

If your visa is cancelled, you may be barred from making further visa applications in Australia. You may also be prevented from being granted certain visas to travel to, enter or stay in Australia.

What Happens If Your Visa Is Cancelled?

A central principle of Australia’s migration provisions is that all non-citizens must hold a valid visa at all times to remain lawfully in Australia . If your visa is cancelled and you are located in Australia at that time, you will become an unlawful non-citizen, unless you hold, or you are immediately granted, a substantive visa or bridging visa . A substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa). Not holding a valid visa which is in effect puts you at risk of being detained or removed from Australia.

A Visa Cancellation Australia Can Have Far-Reaching Impacts

When a visa is cancelled, this will form a part of your immigration record, thus making it more difficult to be granted a visa to Australia in the future. You may also be subject to an exclusion period or, in the most serious of cases, permanent exclusion from Australia.

You will need to declare the visa cancellation in all future visa applications and associated forms that you submit to the Department. It can also potentially impact on your ability to be granted a visa to other countries, as well as in other matters where having a visa cancelled is a relevant issue. 

It is also important to point out that a visa cancellation Australia may affect other visas which you hold at that time. If you hold a Bridging Visa A, B or C which was granted whilst you held a substantive visa that is subsequently cancelled, the Bridging Visa will cease to exist as a result of the cancellation. To demonstrate how this works, consider the following example.

You are in Australia as the holder of a Subclass 600 Visitior visa and you apply for an onshore Subclass 820/801 Partner visa . As a result of having lodged an application for a substantive visa, you are granted a Bridging Visa A (which will come into effect once the Visitor visa ceases, at the end of its visa term). If the Department cancels your Visitor Visa due to non-compliance with a visa condition, the Bridging Visa A will also cease to exist.

Given the potentially serious nature of a visa cancellation Australia and the far-reaching impacts that may result, it is vitally important that if you are affected, that you are fully informed about what this means for you based on your own personal circumstances. Key questions concerning how the cancellation affects your visa status in Australia, whether you have the right to seek a review of the decision, and what other options you may have (if any) as a result of the cancellation (for example, you might be able to apply for another visa) all need to be carefully considered and addressed to reach the best overall outcome in the event of a cancellation.

Knowledge Is Key To Preventing A Visa Cancellation Australia

Having the right information will help you to achieve this. This is where engaging a professional can assist. They will be able to expertly guide you through this process based on their experience and specialised knowledge in this complex area of the law. A visa cancellation, including a partner visa cancellation or permanent visa cancellation Australia can also be a particularly distressing event for those affected and speaking with someone who is trained in this area can give you a greater sense of confidence and peace of mind as you navigate through this process.

In this article, we take a closer look at some of the reasons why a visa may be cancelled, options which may be available to you in the event that your visa is cancelled and what you should do if you find yourself in this situation.

When Can The Department Cancel Your Visa?

There are several grounds on which an Australian visa can be cancelled, including the following:

• providing incorrect information in a visa application or submitting a bogus document to an officer in connection with your immigration matter;
• where a visa was granted based on a fact or circumstance which no longer exists (for example, a Subclass 300 Prospective Marriage visa was granted on the basis that you and your fiancé genuinely intended to marry within the visa period and to live together as spouses. However, after the visa has been granted, the relationship has ended, and the marriage will not take place. Likewise, if you were granted a Subclass 820 visa on the basis of your relationship with your Australian de facto partner, and the relationship has ended, a partner visa cancellation may occur (note there are circumstances where a partner visa may still be granted, even if the relationship has ended));
• non-compliance with a visa condition (e.g. if you are a Visitor visa holder who is subject to, and are found to have breached, condition 8101, which prohibits you from engaging in work in Australia);
• if your presence in Australia may pose a risk to the health, safety or good order of the Australian community or a segment of the Australian community, or to the health or safety of an individual or individuals;
• as a result of a consequential cancellation , where you hold a visa only because another person has been granted a visa and their visa is cancelled (e.g. if you are granted a Subclass 482 Temporary Skill Shortage (TSS) visa as a de facto partner, and the primary visa holder’s visa is cancelled, your visa will also be cancelled);
• if you fail to pass the character test ; and
• if you are a student visa holder who is deemed to be a non-genuine student or to have engaged in conduct which is not contemplated by the visa (see links to further information on student visa cancellations below in this article).

Let us now take a closer look at some of the grounds for cancelling a visa.

Failing To Pass The Character Test

The Minister can cancel your visa if you do not pass the character test.

The Minister may cancel your visa if you:

• have ever been sentenced to 12 months or more imprisonment (regardless of time 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  as to why you think the decision to cancel your visa should be revoked. The Department will consider all the circumstances of your case before it responds.

In other cases where the Department determines that you fail the character requirements, it will provide you with an opportunity to put forward reasons as to why your visa should not be cancelled before it proceeds to cancel your visa.

Paying For Sponsorship

The Department may cancel your visa if you are involved in paying for a visa sponsorship.

It will consider all circumstances before making a decision. This will include:

• if you initiated or were complicit in the paying for sponsorship;
• your intent in coming forward (actively providing the Department with information)

You will have an opportunity to put forward reasons as to why your visa should not be cancelled. You should provide evidence of the strength of your ties to Australia as well as your contribution to the Australian community.

Changes To Study

The Department may cancel your student visa if you are no longer enrolled in a registered course. Your enrolment ends when you complete the course (even if this is earlier than the end date on your Confirmation of Enrolment (CoE)).

What you must do after you complete your course depends on your enrolment arrangement.

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

A student visa cancellation may occur if:

• you complete the course for which the student visa was granted and you do not depart Australia or apply for a new visa within three months
• you have changed courses since your student visa was granted and your new CoE for your principal course has an earlier end date and you do not depart Australia or apply for a new visa within 28 days of completing the course
• you are studying more than one course on your visa (as a course package) and you complete a course early and have a gap between courses of more than two months (except if this gap occurs between the end of an academic year and the beginning of a new academic year).

Before a student visa cancellation, the Department it 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

A student visa cancellation may also occur if you are non compliant with any other student visa conditions.

Notification Of Visa Cancellation

In most cases of visa cancellations under A ustralian visa cancellation procedure , the Department is required to notify you of its intention to cancel your visa and to allow you an opportunity to respond. However, under Australian visa cancellation procedure, the Department has the power to cancel your visa without notice in the following circumstances:

• if it deems there to be grounds for the cancellation and you are outside Australia;
• in certain cases where a visa is cancelled on character grounds; and
• in certain cases where the Minister personally cancels your visa.

What Should You Do If Your Visa Is Cancelled?

Receiving a notice of a visa cancellation Australia can be a stressful event for many people, especially if it affects a long-term plan where you are seeking to settle in Australia permanently. Keep in mind, however, that having a visa cancelled may not necessarily be the ‘end of the road’ to achieving your goals. As serious as the potential consequences of a visa cancellation Australia may be (which will be dependent on your individual circumstances), there may be things you can do to still achieve a positive overall outcome. Although it may take longer for you to reach your ultimate goal/s and you are likely to incur additional costs not previously anticipated, there may be options available to you.

Understand Why Your Visa Has Been Cancelled

As a first step, you should carefully read through the visa cancellation notice received from the Department and take note of important information such as the reason/s for the cancellation, whether you are entitled to have the decision reviewed by the Administrative Appeals Tribunal (AAT) and if so, the time-limit for applying for the review.

Confirm Visa Status

Next, you need to confirm your current visa status as a result of the cancellation. If you are in Australia at the time of the cancellation, it is vital that you are a lawful non-citizen to avoid any further issues or complications arising. If this is not the case, as a matter of urgency, you must take steps to regularise your visa status so that you are not unlawful. No doing so may limit your ability to be granted a visa to Australia in the future, with the potential imposition of an exclusion period in certain instances (via the operation of Public Interest Criteria (PIC) 4014 ). Similarly, if you are removed from Australia as a result of a visa cancellation, an exclusion period will apply ( Special Interest Criteria (SRC) 5002 ).

If your visa is cancelled on character grounds , you will be unable to validly apply for another visa whilst you remain in Australia. You may also be subject to permanent exclusion from Australia.

Can You Apply For A Review Of The Cancellation Decision?

In general, a review is available if you are in Australia at the time your visa is cancelled, except where:

• you were in immigration clearance at that time;
• the Minister personally cancels your visa on certain grounds;
• in certain cases where a business visa is cancelled; and
• in certain cases where a visa is cancelled based on failing to pass the character test .

Act Quickly

If you proceed with a review of your case, you must ensure that you apply for the review within the strict deadlines which apply. If you incorrectly apply, or you leave it too late and miss the deadline, you will lose your opportunity to have the decision reviewed in most instances. The AAT does not have the power to extend this time limit ( except in certain cases where the visa has been cancelled on character grounds) . You will find the end date to apply for the review stated in your visa cancellation notification letter received from the Department. Be aware the time limit can be as short as 9 days of notification of the decision. You therefore need to act quickly.

Can you Apply For Another Visa? Take Note Of Section 48

If you are either ineligible to have your cancellation decision reviewed, or you decide not to proceed with the review, you might consider whether you can apply for another visa whilst you remain onshore. Be aware that this option is in many cases limited by the application of section 48 of the Migration Act. Under this provision, if you do not hold a substantive visa and since last entering Australia, your visa has been cancelled on certain grounds, you can apply only for a visa from a selected list (which includes an onshore partner visa or a Bridging Visa).

Public Interest Criteria (PIC) 4013

Apart from section 48, you may be restricted from applying for another visa for three years (where PIC 4013 applies) if your visa has been cancelled, unless the Department is satisfied that:

• compelling circumstances that affect the interests of Australia exist; or
• compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen exist.

If you depart Australia as an unlawful non-citizen or as a Bridging C, D or E visa holder, you could also be subject to a three year exclusion period when you apply for another visa which is subject to PIC 4014 (note that the same waiver conditions apply to PIC 4014 as outlined above for PIC 4013). This is why regularising your status is so crucial if your visa has been cancelled.

Consider You Options Carefully

As demonstrated, if you do not proceed with an appeal, your options may be significantly limited. Therefore, it might be worth seriously considering whether to take this step (if this is available to you), after being fully informed as to the potential benefits and disadvantages of proceeding with a review of your case. In deciding whether to do so, you will need to carefully consider whether you can present a persuasive argument as to why the Department made the incorrect decision in cancelling your visa. It is important that you consider the likelihood of a successful outcome as a result of proceeding with the review, balanced against other factors such as cost and time-delays which are currently being experienced by the AAT; what the appeal means for you whilst you await a decision (for example, what rights, if any, you will have to work in Australia during this period); and how taking this action compares with alternative option/s (such as applying for another visa). As you can see, there are multiple elements you will need to take into account in making your decision, and given the complexity of issues involved, we highly recommend that you consult with a migration expert before making a decision.

Get More Information

We have prepared a series of detailed guides which provide further information about potential options that may be available to you after your visa has been cancelled, including information about the AAT review pocess, other potential  options after AAT refusal as well as your options if there is no right of merits review for the cancellation decision. Y ou can access them by clicking on the links below:

Visa And Immigration Tribunal Appeals

Representation For AAT Appeal Process

How To Choose A Representative For Visa Appeals

Options After AAT Decision

Options For Australian Visa After Refusal Or Cancellation

Student Visa Cancellation Australia

Reasons For Student Visa Cancellation Or Student Visa Rejection

Subscribe  to our newsletter for regular updates and additional information.

Contact us  to book a no-obligation consultation to find out more about your potential options after a visa cancellation Australia, including a student visa cancellation, partner visa cancellation or permanent visa cancellation Australia, as well as Australian visa cancellation procedure.

* * * * * * * * * * * *

Australia’s migration laws are complex, and each case is different. There are also several terms which are defined in the migration provisions (and whose meanings may differ from their ordinary usage). We recommend that you seek professional advice if you are affected by a visa cancellation Australia, including a student visa cancellation, partner visa cancellation or permanent visa cancellation Australia, as well as Australian visa cancellation procedure, as being fully informed will give you the best chance of achieving a successful resolution to your case. A migration professional can help you to do this.

For up to date advice on a visa cancellation Australia and what you should do if your visa is cancelled, including a partner visa cancellation or permanent visa cancellation Australia, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.

Sources/Links

Administrative Appeals Tribunal

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Cancelling a visa

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1500 passengers trapped on cruise ship amid visa debacle

A cruise ship carrying 1500 passengers is stuck in Barcelona, after a portion of the travellers forgot to bring one crucial document on board.

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A cruise ship at a port in Spain has been forced to hold all 1500 passengers on board, after a group from Bolivia failed to obtain the correct visa documents to enter the European border-free Schengen area.

According to reports, cruise ship MSC Armonia remains detained in Barcelona, with authorities scrambling to sort the situation. The debacle, involving 69 Bolivian passengers, is preventing the ship from continuing its journey until the situation is resolved.

The voyage has travelled from Brazil to cover a route in the Mediterranean Sea, with the 69 Bolivians in question including families and children.

In a statement, MSC Cruises initially thought the visa documentation was correct and appeared to comply with the necessary requirements for travel. However, upon further inspection, the visas were “not valid” for entry.

“The passengers appeared to have proper documentation upon boarding in Brazil,” the statement read.

“We have been informed by the authorities that the visas are not valid for entry into the Schengen area. As a result, passengers have not been able to disembark in Barcelona, which was their final destination.”

One Bolivian passenger, who spoke to local media under anonymity, said she was being treated like “a criminal [in a] prison” despite being assured by a travel agency her visa was correct and valid for travel.

More Coverage

Some family members of the Bolivian travellers on board the cruise ship told Spanish media that the 69 passengers had been victims of a scam.

According to the claim, as published in Spanish newspaper La Vanguardia, an agency in South America had offered the visas online and charged up to $10,000 per person.

It is understood the ship will remain in port while it works with authorities while the investigation continues.

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US imposes visa restrictions on Hong Kong officials in response to passing of tough security law

The United States will impose new visa restrictions on a number of Hong Kong officials over the crackdown on rights and freedoms in the Chinese-ruled territory.

Secretary of State Antony Blinken said on Friday that in the past year China continued to take actions against Hong Kong's promised high degree of autonomy, democratic institutions, and rights and freedoms, including with the recent enactment of a new national security law known as Article 23.

"In response, the Department of State is announcing that it is taking steps to impose new visa restrictions on multiple Hong Kong officials responsible for the intensifying crackdown on rights and freedoms," Mr Blinken said in a statement.

The statement did not identify the officials who would be targeted.

In November, Hong Kong condemned a US bill calling for sanctions against 49 Hong Kong officials, judges and prosecutors involved in national security cases, saying US legislators were grandstanding and trying to intimidate the city.

Officials named in that Hong Kong Sanctions Act included Secretary for Justice Paul Lam, Police chief Raymond Siu and judges Andrew Cheung, Andrew Chan, Johnny Chan, Alex Lee, Esther Toh and Amanda Woodcock.

The United States has imposed visa restrictions and other sanctions in the past on Hong Kong officials blamed for undermining freedoms and announced an end to the special economic treatment the territory long enjoyed under US law.

It has also warned that foreign financial institutions that conduct business with them would be subject to sanctions.

The US Hong Kong Policy Act requires the State Department to report each year to Congress on conditions in Hong Kong.

"This year, I have again certified that Hong Kong does not warrant treatment under US laws in the same manner as the laws were applied to Hong Kong before July 1, 1997," Mr Blinken said, referring to when Hong Kong was handed back to China by Britain.

"This year's report catalogues the intensifying repression and ongoing crackdown by PRC [People's Republic of China] and Hong Kong authorities on civil society, media, and dissenting voices, including through the issuance of bounties and arrest warrants for more than a dozen pro-democracy activists living outside Hong Kong," Mr Blinken said.

The Commissioner's Office of China's Ministry of Foreign Affairs in Hong Kong said the report and statements issued by Mr Blinken "confused right and wrong" and "stigmatised" Hong Kong's national security law and the city's electoral system.

The threat to sanction Hong Kong officials "grossly interferes" in Hong Kong affairs and China's internal affairs, a spokesperson said in a statement issued on Saturday.

"Instead of acting as the world's policeman and issuing an annual 'Hong Kong Policy Act report', the United States should take time to examine itself."

China's embassy in Washington said it strongly deplored and firmly opposed US threats to "impose unwarranted unilateral sanctions" on Hong Kong.

"The US side disregards facts, makes irresponsible remarks about Hong Kong affairs, and levels groundless accusations" at the Chinese and Hong Kong governments, the embassy posted on its website.

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