How to deal with visa application cancellation

The most basic requirement of any visa application is to give complete and true information. An applicant must answer all questions. There should not be incorrect answers given while filling visa applications.

A visa applicant would have to take part in interviews with

• An officer
• The Minister for Immigration (‘Minister’)
• An authorized person
• The Tribunal or the Immigration Assessment Authority.

During the interview, visa applicants must give correct information. Giving incorrect or wrong information can have consequences that can affect your chances of getting a visa.

A visa application can be cancelled if incorrect information is provided to the Department of Home Affairs. The Minister for Immigration, Citizenship and Multicultural Affairs has the power to do so. This power is conferred to him under Section 109 of the Migration Act 1958. This section instructs the applicants the following:

• Provide correct information in visa applications
• Do not provide bogus visa documents
• Notify the Department of any incorrect information of which the applicant becomes aware
• Notify the Department of any changes in circumstances that is relevant to the application

An applicant may be unaware that the answers he/she gave during visa application were incorrect. But that need not stop the Minister of Immigration from cancelling his/her visa. This concept in section 100 of the Act was further analyzed in Sanaee (Migration) [2019] AATA 4506. There it was stated that an answer to a question is incorrect even though the person who answered or caused the answer didn't know that it was incorrect.

It doesn’t matter what type of information has been falsely given. Regardless, a visa can be cancelled if it’s proven that the applicant has given incorrect information to the Department of Home Affairs.

Before the Department of Home Affairs cancels a visa, a Notice of Intention to Consider Cancellation (NOICC) is issued to the applicant. The applicant will then have the chance to respond within strict time limits. The applicant must produce necessary submissions and evidence on why the visa should not be cancelled. Hence, legal advice from a migration consultant like us can greatly help in such matters.

If you are looking to Study, Work, Visit, Invest or Migrate to Australia, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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