Has your visa been cancelled or rejected? What next!

The 2017-2018 Financial report of the Department of Home Affairs reported that 57,440 Visas were revoked during the preceding fiscal year, 900 of which were on character points.

To be sure, a Visa termination is a really serious issue. If a Visa is revoked, an individual becomes a ‘unlawful non-citizen’ and could be placed in detention for immigration. He or she could be ordered to leave Australia and refuse re-entry for a specified period, or forever. This may have a detrimental impact on the holder of the Visa and the friends and family they have left behind.

The article discusses when a Visa is cancelled and what steps can be taken when a Visa holder is at danger. Whether you or someone you recognize is at risk, or if your Visa has been revoked, it is vital that you get urgent legal advice.

Reasons for cancelling a Visa. These usually fall into three groups.
Violation of a Visa-related rule:- The requirements applicable to each form of Visa are set out in the notice of grant and the fact sheet given when a Visa is approved. Continued adherence is crucial to reducing the possibility of cancellation.

Problems of non-compliance differ based on the type of Visa and the situations. Specific examples provide a student’s failure to attend college and complete the prescribed study load; breakup of a partnership that enabled a partner’s Visa grant; or termination of an employment arrangement with a sponsor without applying for a further visa within the prescribed timeline.

Conduct / Data dishonest:- The immigration minister is aware that as part of a Visa application incorrect or inaccurate information or fake documents have been issued.

Inability to fulfill the test of character:- A Visa holder no longer meets the standards of character necessary to retain an Australian Visa. Basically, this would occur after finding that a Visa holder.have a serious criminal record.have been accused of an immigration detention offence.presents a considerable risk of criminal behaviour.belongs to, used to adhere to, or is connected with, a gang, group or individual involved in criminal behaviour. Represents a threat to the Australian community.

In these situations the offender is an illegal non-citizen and must be held in immigration detention until such period as a visa is issued or the person is withdrawn from Australia unless he or she has a protective visa. Removing Australia on character criteria will make it very difficult for an individual to obtain another visa in the future to return to the country.

How should you do when you obtain a Notice of Visa Cancellation?

The Department of Home Affairs will, in most instances, inform a Visa holder who is in Australia with an immigration approval that he wishes to revoke a Visa, and the Visa holder will have the chance to make a request for consideration by the Department.
The Department must also issue a Notice of Intent to Consider Cancellation, notifying that a requirement attached to the Visa has been violated and/or that the Department is considering postponing the Visa.

The Department must weigh such matters as when deciding a lawsuit.

Cancellation grounds.
The degree to which the Visa requirements are met.Time spent in Australia by the Visa holder and his or her commitment to the Society.Criminal history of the Visa holder, where applicable and if it presents a danger to the society.Where the cancellation refers to the provision of fake documents / data, if a Visa would otherwise have been issued.
The degree of suffering which the Visa holder and his or her relatives would face if the Visa were cancelled.The Department’s collaboration, or otherwise, with the Visa holder; Australia’s human rights obligations.If the Department affirms its decision to revoke the Visa, a holder of a Visa will have avenues for appeal.

The right to appeal a Visa revocation order depends on the reasons for cancellation and the circumstances leading to the decision being made. Stringent deadlines apply so it is crucial to get legal counsel rapidly to insure that your rights are safeguarded.

The Administrative Appeals Tribunal (AAT) deals with the evaluation of Visa rejections and cancellations based on the outcome of a Department decision. The AAT is an autonomous body which must decide the validity of an appeal by evaluating the facts and circumstances in question.

The AAT is empowered to confirm the decision to cancel the Visa, withdraw or change the decision, replace the decision with a different one, or return the case to the Department for a new announcement (typically with recommendations).

Knowing the AAT approval process and making clear written representations with proof to support the argument is necessary in order to ensure the best possible result in the situations. If the decision to deny a visa was given directly by the Minister of Immigration on the basis of failure to comply with the character check, the AAT does not have the option to appeal, although there could be basis for judicial review.

Seeking assistance If you have: violated a Visa condition; accused of actions that could bring your reputation into conflict; received notice from the Government that it plans to revoke your Visa; or had your Visa delayed; immediate advice should be sought from an immigration specialist.

To react to a Department Notice or to have a decision checked either by the AAT or a Judge, tight time limits apply. An immigration specialist can offer timely advice and support present the best possible case in the situations.

To address the issue with our helpful and friendly Immigration lawyers Perth team, please contact our office at (08) 6245 1242 if you or anyone you know wants further information or needs support or advice.