Australian law grants the Department wide-ranging powers to cancel a visa. This can result in a legal requirement to depart the country within a certain time period, may permit the Government to detain you or forcibly remove you from Australia’s shores.
If you receive a Notice of Intention to Consider Cancellation, you should contact us immediately.
Visas may be cancelled on a number of grounds. This includes:
- No longer working for a nominated employee or in the nominated position (for example, in cases such as Subclass 482 visas);
- Overstaying your visa and no longer having a lawful right to remain onshore;
- Breaching the conditions of your visa (for example, not studying if you are on a Student Visa – cancellation under 137J);
- Providing incorrect or misleading information or bogus documents (cancellation under s109);
- Failing to meet the strict character test for Australian immigration purposes (cancellation under s 501);
- Paying for the sponsorship of a visa application;
- Ceasing to be in a relationship with the sponsoring partner (for example, a relationship breakup as a holder of a Subclass 820 visa);
- Other considerations that fall under the s116 general cancellation power.
Depending on the grounds for cancellation, you may have an opportunity to submit to the Department reasons as to why your visa should not be cancelled. This is a serious and delicate matter that requires significant expertise to navigate. We strongly advise you to get in touch as soon as possible.