The Australian Department of Home Affairs is responsible for the granting, refusal and cancellation of visas to foreign nationals who wish to enter Australia. While some visa decisions are mandatory, such as requiring a health assessment or criminal record check, others can be discretionary.
Only the Minister or a delegate of the Minister can grant, refuse or cancel a visa which can be discretionary, mandatory or by operation of law. This power comes from section 501 of the Migration Act 1958. When cancelling a visa due to concerns about an individual’s character or past behaviour, personal information must be considered in line with relevant guidelines and policies.
Reasons for a visa cancellation
It is essential to be aware of the conditions and requirements that must be met for a visa to remain valid. The Department of Home Affairs may cancel a visa if certain criteria are not fulfilled.
The most common reason why a visa can be cancelled is non-compliance with visa conditions – this can mean anything from failing to attend an interview or breaking any other conditions set out in the application. Additionally, applicants must meet character requirements; this includes having no substantial criminal record or history of involvement in illegal activities. Applicants who fail to comply with these standards may have their visas revoked.
The government of Australia can revoke a visa for various reasons, including the following:
- Failure to comply with visa conditions by the visa holder or a secondary visa holder.
- Submission of fraudulent, bogus, or fake documents in the visa application.
- Provision of false or misleading information in the visa application.
- Discontinuation of a course or failure to meet course requirements.
- The change in circumstances that led to the original visa grant no longer exists.
- Request for cancellation of the visa by mutual agreement.
- Violation of law by the visa grant.
- Posing a threat to public health, safety, or social order.
- Serving a 12-month jail sentence or facing pending charges.
- Conviction of sexual offence against a child.
Furthermore, failure to adhere to a particular purpose stated when applying for a specific type of visa – such as staying longer than allowed or engaging in work activities unrelated to that purpose – could also result in cancellation.
What If your visa is cancelled
If your visa is cancelled, it can be a stressful and confusing time. Knowing what to do if the Department cancels your visa is essential for navigating this difficult process. It’s important to understand that if the Department does cancel your visa, all other visas you hold will also be cancelled, including bridging visas and the visas of any family members included in your application. In order to avoid this from happening, it’s best to familiarize yourself with Australian migration law so you know what rights and obligations you have while holding a valid visa.
It’s also important to understand why exactly your visa has been cancelled – some common reasons include failing health requirements or providing false information on an application. In some cases, a review of cancellation may be requested through the Administrative Appeals Tribunal (AAT).
Request for visa cancellation
Do you need to cancel your temporary visa? Requesting a visa cancellation is an important step in the process of leaving Australia. Under Australian law, any international visitor who holds a temporary visa with more than 6 months validity must submit a request for cancellation of their visa.
The Department of Immigration and Border Protection (DIBP) is responsible for assessing all requests submitted by applicants, including applications for visa cancellation. Immi, the DIBP’s online system, provides access to forms and instructions regarding how to apply for your temporary visa cancellation. It also allows you to check the progress of your application at any time.
When requesting a waiver or cancellation of your Australian visa, you must provide accurate information, as this could affect the outcome of your application.
Appeals
If you have had your visa cancelled or refused, you might be able to request a review of the decision. It is worth noting that this option is only available if the decision was made by an official other than the minister. Requesting a review involves submitting an application to the relevant department and providing supporting evidence.
The review process aims to ensure that all decisions are made correctly and fairly, taking into account any new information which applicants may present. The results of a review can vary from upholding the original decision, altering it in some way or overturning it entirely, depending on the context. However, if a decision has been made directly by the minister, unfortunately, no appeal can be made against their judgement.
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