Grounds for Visa Cancellation

There are a number of grounds that the Department of Home Affairs can cancel your visa (including, but not limited to):

• The circumstances for grant of the visa no longer exists
• Provided false, misleading or incorrect information/documents in the past
• Breach of visa conditions
• Convicted of a crime, or otherwise failed the character test

What to do if your visa has been cancelled?

Once the cancellation process has been engaged, there is very limited time for you to act. Therefore, time is of the essence. There are two documents that you may receive:

• Notice of Intention to Consider Cancellation (NOICC)
• Notice of Cancellation (NOC)

Most people will receive a NOICC first which allows you to respond, whilst some get a NOC straight away.

There are 2 cancellation powers, discretionary or mandatory.

Where it is discretionary, even if there are grounds to cancel your visa, you may request the Department to exercise its discretion ‘not’ to cancel your visa. You will have a short amount of time to respond to the Department before they proceed to cancel your visa.

 

Where it is mandatory, you will still have the right to ask the Minister to revoke the cancellation.