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Posted on June 29 2020

Legal options against visa cancellation now in Australia

By Editor
Updated July 25 2023
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Visa cancellation could have serious consequences in a country you live in or visit. The visa holder must ensure that his/her time in the country does not get treated as illegal. That could invite penalties and even deportation.

In immigration Australia, you have ways to tackle the situation involving visa cancellation. Basically, one has to remember that having no valid visa makes one an unlawful citizen in the country.

When a visa is deemed to be canceled, you receive a notice from the Department of Home Affairs. This Notice of Intention to Consider Cancellation of visa raises a chance for you to find legal counsel as soon as possible. The deadline for seeking legal advice could be as slim as 2 days, which makes it extremely important to be missed.

An example of visa cancellation is when incorrect information is found given while applying for say citizenship. If you get involved in such a case, there are things you can do legally to explain genuine reasons for documents missing or any detail verified wrong or doubtful.

Yet another scenario for visas getting canceled automatically is when one is sentenced to do term for a year or more in prison. Then, reapplying for a visa directly to the Minister of Immigration is a way to go. As long as the reapplication meets its decision, the applicant undergoes immigration detention.

There are also cases of Australian visa holders who ill-treat their family members with temporary visas, threatening to cancel the victim’s visa. But in case the victim reports such abuse to the Department of Immigration, those who they are dependent on in Australia will be booked and the victim’s visa will not be canceled.

Though the individual cases leading to challenging a visa cancellation are different, as a general procedure, people have the right to appeal against cancellation at the Administrative Appeals Tribunal (AAT). This is possible if the visa has been denied or canceled under Section 501 of the Migration Act.

Another place to seek a judicial review is the Federal Circuit Court. You will have the right to enquire if there was a legal mistake in the manner the decision to cancel your visa was made at the AAT.

In fact, when an applicant comes before the AAT with a legal representative, the chances of success in the case increases about 7 times.

Apply for a bridging visa before one’s original visa expires is one way of staying on in Australia.

As the COVID-19 crisis is making it impossible to go out of countries due to lack of flights, such a situation could be cited as a genuine argument to challenge visa cancellation.

Australia is helping by giving $400 as a one-off payment to each family of those who came to work in Australia and has since lost it as with casual laborers. International students get such help too as they are struggling with visas that are about to expire.

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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