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Visa Cancellations

Overview

✦Visa Cancellations

A visa cancellation is one of the most serious decisions that can be made under the Migration Act 1958 (Cth).

Unlike a visa refusal, a cancellation affects a visa that has already been granted. Depending on the circumstances, a cancelled visa may result in a person becoming an unlawful non-citizen, which can lead to immigration detention, removal from Australia, restrictions on future visa applications, or other significant consequences.

If you receive a visa cancellation notice or a Notice of Intention to Consider Cancellation (NOICC), it is important to seek legal advice immediately. Strict statutory time limits often apply.

Common Grounds for Visa Cancellation

Non-Compliance with Visa Conditions

A visa may be cancelled where the holder has failed to comply with one or more visa conditions, such as work limitations, study requirements, or other conditions attached to the visa.

Incorrect Information or False Documents

A visa may be cancelled where incorrect information, misleading statements, or false or bogus documents were provided during the visa application process, even if the visa was granted some time ago.

Character Grounds

Visas may be cancelled on character grounds under section 501 of the Migration Act 1958. These matters often involve complex legal considerations, including criminal convictions, conduct posing a risk to the Australian community, or other character-related issues prescribed by law.

Other Legislative Grounds

The Migration Act 1958 contains a range of additional cancellation powers that may apply depending on the type of visa, the circumstances of the visa holder, and the legislative requirements relevant to the particular case.

The Cancellation Process

Although the process varies depending on the legislative power being exercised, it commonly involves the following stages.

Step 1 — Notice of Intention to Consider Cancellation (NOICC)

In many cases, the Department of Home Affairs must first provide procedural fairness by issuing a Notice of Intention to Consider Cancellation (NOICC). The notice explains the legal basis for the proposed cancellation and provides an opportunity to respond before a final decision is made.

Step 2 — Responding to the Notice

Response periods are often short and strictly enforced. A carefully prepared response addressing the issues raised by the Department may significantly influence whether a visa is ultimately cancelled.

Step 3 — Decision

I After considering the response and the available evidence, the Department may decide not to proceed with the cancellation or may cancel the visa. If a visa is cancelled, review rights may be available depending on the legislative basis for the cancellation.

Review Rights, and Their Limits

ART Review & Ministerial Powers

Many visa cancellation decisions made by a delegate of the Minister carry a right of merits review before the Administrative Review Tribunal (ART). However, not every cancellation decision is reviewable, and different legislative provisions apply depending on the type of cancellation. Where merits review is unavailable, other legal options, including judicial review, may be available in appropriate circumstances. Because review rights and applicable time limits differ between cancellation powers, legal advice should be obtained as soon as possible after receiving a cancellation decision.

Acting Quickly Matters

Visa cancellation matters often involve strict statutory deadlines.

Whether responding to a Notice of Intention to Consider Cancellation, seeking merits review before the Administrative Review Tribunal, or considering judicial review, obtaining legal advice promptly can be critical to protecting your legal rights and identifying the most appropriate course of action.

Frequently Asked Questions

What happens if my visa is cancelled?

The consequences depend on the type of cancellation and your individual circumstances. A visa cancellation may affect your ability to remain lawfully in Australia, your eligibility for future visas, and your review rights.

Can a visa cancellation be reviewed?

Some cancellation decisions carry review rights before the Administrative Review Tribunal (ART), while others do not. The availability of review depends on the legislative basis for the cancellation.

Will a visa cancellation affect future visa applications?

It may. Some cancellations can result in restrictions on future visa applications or affect the assessment of future applications. The impact depends on the particular cancellation provisions and your circumstances.

What should I do if I receive a Notice of Intention to Consider Cancellation?

Do not ignore the notice. Response periods are often short, and the information you provide may significantly influence the outcome. Seeking legal advice promptly can help ensure your response is properly prepared.

Can I remain in Australia if my visa is cancelled?

This depends on your immigration status, the type of cancellation, and whether review rights are available. Every case is different, and legal advice should be obtained as soon as possible.

Can a cancelled visa be reinstated?

Some cancellation decisions may be revoked or set aside through the applicable review process, depending on the legislative provisions and the circumstances of the case. Others may require different legal pathways.

Why Choose Yantra Legal?

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived Migration Experience

Having lived in Nepal, Germany and Australia, we understand what it feels like to build a new life in a different country. We know that migration matters often involve family, work, uncertainty and important life decisions—not just paperwork.

Direct Access to Your Solicitor

When you choose Yantra Legal, you work directly with our solicitor, Krishna Giri from your first consultation until your matter is finalised. Your case is not passed between different staff members, so you always know who is handling your matter.

Clear & Honest Advice

Legal advice should be clear, not confusing. We explain your options in plain English and, where helpful, in Nepali or Hindi, so you can make informed decisions with confidence.

Truly Personalised Representation

No two legal matters are the same. We take the time to understand your circumstances, your goals and what matters most to you. Our advice is tailored to your situation rather than following a one-size-fits-all approach.

Fixed-Fee Transparency

We believe you should know what to expect before you proceed. We offer fixed-fee initial consultations and provide clear information about legal costs, so there are no unexpected surprises.

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived ExperienceDirect Solicitor AccessClear & Honest AdvicePersonalised RepresentationFixed-Fee Transparency

Understand Your Visa Cancellation Options

A visa cancellation can have significant legal consequences, but timely advice can make an important difference. We provide clear, practical advice to help you understand the reasons for the cancellation, assess your available review rights, and determine the most appropriate legal strategy for your circumstances.

⚠️ Why Seek Advice Early?

Time limits apply to most appeals, review applications, and judicial review matters. In many cases, strict deadlines begin from the date of the decision. Seeking legal advice early can significantly improve your understanding of available options and help ensure that important rights are not missed.

Strict time limits apply to most appeals and review processes. Early advice can help protect your legal options and improve your chances of a positive outcome.