What happens in my visa is cancelled?

You will get a notice of cancellation from the Department of Home Affairs, outlining why your visa was cancelled. You will generally have 28 days to either leave Australia or apply for a new visa. You may also be able to appeal the decision with the AAT.

What are the common problems that lead to a visa cancellation or refusal?

  • The Department determines that the student is not genuine on the basis on poor attendance or long periods without enrolment in courses or not paying tuition fees. 
  • Holders of temporary partner visas who are in no longer in relationships with their sponsors.
  • False and misleading information on the application
  • Breaching visa conditions 
  • Being of bad character

What is Notice of Intention to Consider Cancellation (a NOICC)?

The notice gives you a certain amount of time to respond to the intention to cancel you visa and provide evidence to the Department as to why they should not cancel your visa. 

What to do if you receive a NOICC?

The Department considers multiple factors, which you should address in your response. Factors may include the purpose of your stay in Australia, the extent of your compliance with visa conditions, the circumstance in which the grounds for cancellation arose and what degree of hardship may be caused to you or your family if your visa is cancelled.

Why choose Withstand Lawyers for your visa cancellations?

We can guide you as to how you can respond to the Notice of Intention to Consider Cancellation, taking into account what reasons the Department has given for visa cancellation. It may be difficult to determine the supporting documents needed by yourself. Our immigration lawyers have significant amounts of training and expertise, with experience working at pre-eminent corporations.

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