About Visa Cancellation Australia
If your visa is at risk of being cancelled, the Department of Home Affairs (DHA) will first send you a notice of intention to cancel (NOIC) and ask you to comment on this. You need to act quickly because your time to provide a response is limited and if you do not send the appropriate information and evidence, the decision will be made by the delegate based on the information which the Department has which may lead to your visa being cancelled.
What is Notice of Intention to Consider Cancellation (NOICC)?
Notice of Intention to Consider Cancellation (NOICC) is a document that is generally sent by the Department of Home Affairs to any visa holder in Australia when a ground for cancellation of a visa exists.
What are the common problems that lead to a visa cancellation?
There are numbers of different bases of visa cancellations under The Migration Act 1958 which include:
- Provision of incorrect or false information that misleads the Department
- Provision of bogus documents
- Breach of visa conditions such as working without work rights or beyond work limitations
- Failure of a business skills visa holder to establish the business
- Change of circumstances such as no longer being in a relationship with your partner while on a provisional stage of a partner visa
- Crimes and convictions
- Not being a genuine entrant such as a student visa holder who does not meet the course attendance
What to do if you receive a Notice of Intention to Consider Cancellation?
You will generally be sent a letter regarding the notice of intention to cancel the visa and be given a short time frame in which you have to respond why your visa should not be cancelled. In your response, you should mention all the supportive matters that are relevant to your circumstances as to why your visa should not be cancelled. The case officer will then decide whether to cancel your visa or not. If you find yourself in this situation you need to act quickly because your time to have the application reviewed will be limited. That is why it is important to use professional assistance of an immigration lawyer or a registered migration agent. Withstand Lawyers specialises in immigration law and we can help with your matter, so please contact our lawyers or book a free consultation.
How to respond to a Notice of Intention to Consider Cancellation?
You should respond to a NOIC within a short period of time or your visa will be cancelled. Your response must include an explanation of the circumstances in which the ground for cancellation arose, the degree of hardship that may be caused to you if your visa is cancelled and any other supportive matters which is relevant to your circumstances. If your visa is cancelled, and you do not have another valid visa, you will lose your right to remain in Australia. We recommend using our services in responding because you may not know what is relevant in responding to the DHA and what evidence could be of assistance to your chances of not having your visa cancelled.
Visa cancellation on character grounds
According to the Migration Act, the Australian Home Affairs has the power to refuse or cancel an applicant’s application if that person fails at the character test. Some common reason of this cancellations are:
- having a substantial criminal record;
- associating with a person, group or organisation involved in criminal activity; or
- because of the person’s past and present criminal or general conduct.
Also, a visa can be cancelled because of the substantial criminal record. That occurs when a person had been sentenced for a crime for more than a year, or where a person had been sentenced for more than two years on the total.
If your visa has been cancelled during COVID-19, reach Best Immigration Lawyers! We specialise in Visa Cancellations and we can help you to make a persuasive submission so please contact our lawyers or book a meeting to make the whole process easier and faster.