Notice of Visa Cancellation
Receiving this notice means that your visa has already been cancelled. The only possible option to reverse this decision is to apply to revoke the Department’s decision.
You must make sure that your response reaches the Department in time.
- If the applicant did not succeed with the visa revocation process they have two further options:
- If a staff member of the Department made the decision, there is a time limit of 9 days to apply to the Administrative Appeals Tribunal (‘AAT’)
- If the Minister made the decision directly, you will not be able to apply to the AAT for a review of the decision. You may appeal this decision to the Federal Court of Australia if you gave grounds to do so.
Notice of Intention to Consider Cancellation
If you are issued with a NOICC this means that the Department are seriously considering cancelling your visa, usually on the basis of information that they have been presented with. In this instance, there may well be options available to prevent your visa cancellation. This notification gives you an opportunity to comment on the information provided to you upon which the Department has raised concern.
Any response to the NOICC, including comments or further evidence, must be in writing in English (or accompanied by an accurate English translation) to outline why your visa should not be cancelled.
If the Department decides to cancel your visa despite you providing all supporting documentation to argue the NOICC, this decision may be reviewed by the AAT; however, please note that not all decisions are reviewable by the AAT.
The consequences of your visa cancellation
If your visa was cancelled and you exhaust all possible ways to appeal the Department’s decision, you can only stay in Australia if you obtain another type of visa.
If a visa is cancelled, and the person does not have another valid visa, the person becomes an unlawful non-citizen and loses their right to remain in Australia. There are not many visa options that an unlawful non-citizen can apply for after they have had their visa cancelled.
If your visa was cancelled on general grounds you may be restricted from applying for another visa for 3 years.
If you leave Australia as a result of a deportation order, or if your visa was cancelled on character grounds, it is likely that you will be restricted from future re-entry to Australia.
How We Can Help
Challenging visa cancellation decisions can be extremely complex and confusing. Our team is well experienced in assessing prospects, providing advice and guiding our clients through every step of this difficult path.
