Visa Cancellation
The Department of Home Affairs (DOHA) has the authority to cancel both temporary and permanent visas that have already been issued. It is crucial to seek legal advice before any such decision is made to ensure an appropriate response is given. If a decision to cancel has already been made, immigration advice is necessary to understand your complete rights for review or appeal and the repercussions of the cancellation.
Appealable Decisions
- Visa cancellations can occur under “general” cancellation powers and “character” cancellation powers.
- If a visa cancellation decision has been made, it is advisable to attempt to have it “revoked initially.”
- If the Delegate denies the request for revocation, an appeal can be made to the Tribunal.
Time Limit
- The timeframe for submitting a review application varies depending on the type of decision and whether the individual is in immigration detention.
- Specifically, for decisions regarding visa refusal or cancellation based on character grounds, the application must be lodged within 9 days of receiving the decision notification.
- For all other decisions, the review application must be lodged within 28 days of the notification. It’s crucial to note that these time limits are rigorously enforced.
Notice of Intention to Consider Cancellation (NOICC)
- The procedure varies slightly for cancellations based on character and those falling under the general cancellation provisions.
- In such matters, the visa holder will usually receive a “Notice of Intention to Consider Cancellation” (NOICC), which allows them to provide a response.
- If the mandatory cancellation provisions apply, the applicant will receive notice of the visa cancellation and will be invited to apply for the revocation of the cancellation decision.
Here’s how we assist:
Our experienced team can assist you with applications/appeals at the Administrative Appeals Tribunal (Tribunal) and the Federal Circuit and Family Court of Australia (FCFC), providing valuable guidance throughout the process.
Need more information or have questions that your seeking answers for?
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