Merchants Prosperity
Lawyer Practitioner Number: P5512330
Lawyer Practitioner Number: P0031769
Mara Number:0741684
Visa canceled
After you get a permanent residence visa or a temporary visa, it is not once and for all. The Immigration Bureau can already cancel the visa holder's visa according to the immigration law.
There are many provisions in the Immigration Act that set out the reasons for canceling a visa, e.g.:
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Article 109: Visa obtained based on wrong information or false materials (applies to all visas, permanent residence or temporary visa);
(For example, photoshopped bank statements/electricity bills, fake photos, or even fake parent information; sometimes the applicant has 3 children, but only 2 were filled in when filling out the form);
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Article 116 - General grounds: Cancellation due to non-compliance with conditions and other reasons;
(For example, working illegally while on a tourist visa);
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Clause 128 - Visa holders outside Australia: Same as S109 or S116 cancellation. If the visa holder is overseas, a notice of intention to cancel will not be sent to the visa holder before cancellation: (for example, a student visa holder whose visa is canceled after returning to the country);
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Article 134 - Investment immigration visa: Cancellation if the visa holder fails to comply with the visa conditions (for example, the holder of the 132A investment immigration visa has a visa canceled because he cannot pass the supervision period);
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Article 137Q - Remote area employer-sponsored visa: the visa can be canceled if the holder does not comply with the visa conditions; (such as changing employers);
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Article 140 - Indirect cancellation: When the main applicant’s visa is cancelled, the secondary applicant’s visa will also be cancelled; (for example, after the investment immigrant visa holder is cancelled, the secondary applicant will also be cancelled);
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Article 501 - Character grounds: Cancellation based on character or some other public interest grounds. (e.g. sentenced for breach of Australian Commonwealth law or state/territory law).
If the visa holder is about to be canceled by the Immigration Bureau due to the above reasons, the Immigration Bureau cannot directly cancel the visa holder. Instead, a NOICC (Notice of Intention to Consider Cancellation) will be sent first to inform the visa holder of the situation and the Immigration Bureau’s intention to cancel the visa. The Immigration Bureau will give the visa holder a certain amount of time to respond. If there is no timely reply, or the failure to reply does not change the Immigration Bureau’s judgment, the visa will be officially canceled and the applicant will receive a formal visa cancellation letter.
If the holder is outside Australia, the Immigration Bureau can cancel the visa without prior notice.
If the visa is refused or canceled because of providing false materials, the applicant will violate the public interest standard (PIC4020) and will not be able to apply for an Australian visa for 3-10 years.
Once a visa is cancelled, the visa holder can overturn the Immigration Department's decision in several ways, including an AAT appeal, Federal Circuit Court appeal, Immigration Minister's appeal or ultimately appeal to the High Court.
If you have received the NOICC from the Immigration Bureau, please scan our company's QR code immediately and appeal to get your visa back as soon as possible.
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