Visa Cancellations
The Department can take steps to cancel either a temporary or permanent visa that has already been granted. It’s important to obtain legal advice before such a decision is made (to ensure an appropriate response is provided), or after such a decision has been made so you can know your full review/appeal rights, and the consequences of the cancellation.
Appealable Decisions
- Visa cancellations can be made under the “general” cancellation powers, or under the “charater” cancellation powers
- Certain visa cancellation decisions should first seek to be “revoked”
- Where a Delegate refuses to revoke the cancellation decision, this can then be appealed to the Tribunal
- Certain cancellation decisions made by the Minister personally cannot be appealed to the Tribunal. You may be able to seek judicial review of such a decision
Process
- The process differs slightly when cancellation is made on the basis of character, or under the “general” cancellation provisions
- Typically this involves a visa holder being sent a “Notice of Intention to Consider Cancellation” (NOICC), and inviting them to respond
- Where mandatory cancellation provisions are engaged, the applicant will be provided notice that their visa has been cancelled and invite them to apply for revocation of the cancellation decision
- Please see our cancellation page for further details, or contact your Hannan Tew representative
Time Limit
- The time limits to lodge an application for review varies depending on the type of decision, and whether the person is in immigration detention
- Generally speaking, decisions to refuse / cancel a visa on the basis of character must be lodged within 9 days after the day on which you were notified of the decision, otherwise, you must lodge an application for review within 28 days after the notification of decisions
- These time limits are very strict
Costs
- An application to the Tribunal for the review of a cancellation decision on the basis of character costs $1,011
- The fee may be reduced to $100 in certain circumstances
- If the review is favourable to the applicant, the entire amount would be refunded less $100