Having a visa cancellation is something to avoid at all costs. It carries consequences that affect the eligibility for any other visa to remain in Australia. In fact, the minute a person gets a visa cancellation, the person automatically becomes an unlawful non-citizen and hence, meaning they will have extremely limited options to remain in Australia..
A visa cancellation can be discretionary, mandatory or happen by operation of law.
Discretionary cancellation
The Department of Home Affairs can exercise the power of cancelling a visa at their discretion when:
- The visa holder has not complied with the conditions imposed on the visa
- Character requirements are not met
- False information has been provided in the visa application
When the visa holder is in Australia, the Department would issue a notice of intention to consider the visa to be cancelled.
Mandatory cancellation
The Department of Home Affairs must cancel the visa under the following circumstances
- The visa holder has been sentenced for imprisonment for a period of 12 months of more
- The person holding a visa has been convicted or had a charge based on sexual crime where a child is involved.
When the Department cancels the visa on these grounds, there will be a chance for the visa holder to provide information as to why the visa cancellation should be revoked.
Below are some scenarios where a visa cancellation may be exercised by the Department
Paying for sponsorship
If the Department detects there has been monetary exchange for a sponsorship to take place, the visa can be cancelled. The only circumstance where there would not be cancellation of the visa is when it can be proven that the sponsored visa holder has been threatened and coerced to make payments. Examples of this are human trafficking and slavery. General cancellation provisions arise under s116 of the Migration Act.
Studies not being undertaken
Student visas, like the name suggests, are for the purposes of study. When a student ceases to be in an enrolled course there is an obligation to depart the country or enrol in a different course. Where this obligation is not complied with, the Department may cancel the visa. General cancellation provisions arise under s116 of the Migration Act.
Biosecurity concerns
Australia has a strong stance when it comes to protecting the country from biosecurity hazards. The pandemic was a clear example of this.
When entering the country, everyone is obliged to declare certain food, plants, plant materials and animal items from overseas. Failure to declare this may result in visitor, work and student visas cancelled upon immigration clearance.
Importation of objectionable goods
The importation of goods or materials that expressively deals with and promote the following subject are considered prohibited and may lead to a visa being cancelled:
- Inappropriate sexual content
- Illicit drugs
- Crime
- Cruelty
- Violence
Consequences of visa cancelation
Once a visa is cancelled, the person becomes automatically unlawful and liable to detention and removal of Australia. Also, the ex-visa holder will be subject to a ban from applying to any other visa to Australia.
Solution
If you find yourself in a situation where your visa is being considered up for cancellation, swift action is required. Seeking professional advice is often the first step. We have vast experience with visa cancellations and can help you to understand your options.