Book a paid Consultation

Visa Conditions and Cancellations

Jan 27, 2023 | AUS | 0 comments

Complying with visa conditions is one of the most important obligations you have of holding your visa. If you fail to comply with a condition imposed on your visa, it may lead to your visa being cancelled which will leave you with limited options to re-apply for another visa whilst in Australia. As a visa holder, you can check your visa conditions in the visa grant through VEVO.

For example, if you were to be granted a subclass 600 visitor visa, the conditions attached to that visa are:

No work (visa condition 8101)

This condition means that you must not work while you are in Australia.

Maximum three months study (visa condition 8201)

This condition means that you are only allowed to engage in up to but not exceeding three.

months of study or training while you are in Australia.

Failing to comply with these conditions could impose a s 116 General Cancellation Power. The grounds for applying a s 116 cancellation to a visa could include:

  • Any circumstances which permitted grant no longer exist (s116(1)(a)). 
  • A fact or circumstance which led to the grant of the visa never existed (s116(1)aa)). 
  • Holder has not complied with a visa condition (s116(1)(b)). • Another person required to comply with a visa condition has not complied with that condition(s116(1)(c)). 
  • Holder has not entered Australia (or has entered but has not been immigration cleared) and visa would be liable to cancellation on the basis of incorrect information if they had entered and been immigration cleared (s116(1)(d). 
  • Presence of holder in Australia is, or may be, or would be, or might be a risk to the health, safety or good order of the Australian community, or the health or safety of an individual or individuals (s116(1)(e)). 
  • Visa should not have been granted because the application for it or its grant was in contravention of the Migration Act or of another Commonwealth law (s116(1)(f)). 
  • In the case of a student visa: 
  • its holder is not, or is likely not to be a genuine student or 
  • its holder has engaged, is engaging, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa (s116(1)(fa)). 
  • A prescribed ground for cancelling the visa applies (s116(1)(g) and regulation 2.43).

 If your visa is cancelled or refused, professional advice should be sought as soon as possible.  Our team specialised in visa cancellations and is here to assist you.