Australia gives legal options to challenge visa cancellation


Visa cancellation is a pretty serious issue in any country. The visa holder has to go ahead with steps to ensure that his/her stay in the country is not treated illegal, inviting penalty, and even imprisonment.

In immigration Australia, there are ways to deal with the situation where visa cancellation becomes an issue. The first thing to remember is that without a valid visa, one becomes an unlawful citizen in the country.

When a visa is due to be canceled, you get a notice from the Department of Home Affairs. This Notice of Intention to Consider Cancellation of visa opens an opportunity for you to get legal consultation at the earliest. The deadline for seeking legal advice can be as short as 2 days, which creates an urgency that should not be missed.

One instance of visa cancellation is due to incorrect information given during application like citizenship application. If you are involved in such a case, there is always a legal provision to explain any genuine reasons for missing documents or details verified suspicious or wrong.

Another way in which visas may be canceled automatically is when one is sentenced to 12 months or more of imprisonment. In such a case, reapplying for a visa directly to the Minister of Immigration could be done. Until the reapplication is decided on, the applicant will be under immigration detention.

There are also cases where Australian visa holders who ill-treat and threaten their family members holding temporary visas citing the cancellation of the victim’s visa. But if the victim reports such abuse to the Department of Immigration, the ones who they are dependent on in Australia will be made incapable of causing the victim’s visa to be canceled.

Though the specific circumstances of challenging a visa cancellation are different, a general procedure is where people have the right to appeal against cancellation via the Administrative Appeals Tribunal (AAT). This is in case the visa has been canceled or denied under Section 501 of the Migration Act.

Another avenue to seek a judicial review is at the Federal Circuit Court. You can seek whether there was a legal mistake in how the decision to cancel your visa was made at the AAT.

The fact is that when the applicants appear before the AAT with legal representation, their success rate in winning the case increases about 7 times.

One way of staying in Australia is to apply for a bridging visa before one’s original visa expires.

These days when COVID-19 crisis making it impossible to go out of national boundaries, such instances as lack of flights to one’s home country could be cited as a genuine argument in challenging visa cancellation cases.

Australia is also helping by providing a one-off payment of about $400 per family of those who came to work in Australia and has lost jobs as casual workers. The help goes to international students too who are struggling as their visas are nearing expiry.

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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Anshul Singhal

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