Have you received Notice of intention to consider cancellation of your visa (NOICC) or Notice of cancellation of your visa (NOC)?
Often when things go wrong people don’t know where to turn.
If you have a Notice of Intention to cancel your visa, then acting quickly can sometimes bring positive results. Asking for professional advice is the best solution.Depending on the visa applied for, you maybe able to apply for review by the Migration division of the Administrative Appeals Tribunal (AAT). Be sure you contact us immediately as strict timeframes often apply.
Being an Australian Registered Migration Agent requires us to undergo constant training both at university and in the field. We are trained and qualified to examine your needs and requirements under Australian migration law.Enlisting our help to solve a visa refusal can bring positive results. We have had cases where clients have done visa applications themselves and had them refused. Visa refusal can have dire consequences, once an application is refused it can sometimes impact on further applications.
It is important to note that if the Department is considering cancelling your visa, in most cases you will first be issued with a Notice of Intention to Consider Cancellation. If you are the recipient of such a Notice, it is important to contact us as soon as possible, as strict time limits do apply.
Under the Migration Act 1958, there are several situations in which the Minister may cancel the visa of a current visa holder. Some such circumstances where your visa may be cancelled include;
- Where the Minister believes that incorrect information or false documents were provided to the Department as part of your visa application,
- Where the conditions of the visa have not been complied with, or
- Where the visa holder no longer meets the character grounds required to hold an Australian visa
Some of the sections of the Migration Act which are relevant to visa cancellation:
- s109: Cancellation of visa if information incorrect
- s116: Power to cancel
- s134: Cancellation of business visa
- s137J: Non-complying students may have their visas automatically cancelled
- s501: Refusal or cancellation of visa on character grounds
S109 – CANCELLATION OF VISA IF INFORMATION INCORRECT
Where the Minister is satisfied that the visa holder has provided incorrect information as part of the visa application (and failed to notify the Department of the error), incorrectly completed a passenger card, provided bogus documents to the Department, or failed to notify the Department of a change in circumstance, the Minister may cancel a visa under s109 of the Act.
S116 – DISCRETIONARY POWER TO CANCEL
Under s116 of the Act, the Minister has broad discretionary powers to cancel a visa should they be satisfied a certain set of circumstances exist. The circumstances include those such as the decision to grant the visa was made on the basis of facts or circumstances that no longer (or never existed), that the visa holder has not complied with the conditions of their visa, or that the visa holder is a non-genuine student in the case of student visa holders.
S134 – CANCELLATION OF BUSINESS VISA
Where the relevant visa is a business visa, the Minister may cancel the visa for several reasons, including; if they are satisfied that its holder has failed to obtain the required ownership interest in an eligible Australian business, or if the Minister is satisfied that the holder is not participating in the day-to-day management of the business.
S137J – NON-COMPLYING STUDENTS MAY HAVE THEIR VISAS AUTOMATICALLY CANCELLED
Under s137J of the Act, where a student visa holder receives from their education provider notice that they breached the conditions of their student visa, the visa will be cancelled automatically after 28 days unless the visa holder complies with the notice, or attends an office of the Department to make submissions related to the breach. It is important to note that this section operates whether or not the visa holder actually receives the notice.
S501 – REFUSAL OR CANCELLATION OF VISA ON CHARACTER GROUNDS
For visa applicants, the Minister may refuse to grant a visa under s501 where they are not satisfied that the visa applicant passes the character test, or if a visa has already been issued the Minister may cancel the visa where they are satisfied the holder does not pass the character test, and the visa holder fails to satisfy the Minister that they do pass the character test. For the purpose of s501, a person may not pass the character test for a variety of reasons, including; having a substantial criminal record, being convicted of an offence committed whilst in immigration detention, or being convicted (either in Australia or a foreign country) of one or more sexual offences involving a child.
If you have had a visa refused or visa cancelled, you may be able to apply for appeal the decision to AAT (Administrative Appeals Tribunal). AAT is a merit review body. In 2015, the operations of MRT (Migration Review Tribunal) and RRT (Refugee Review Tribunal) are combined into AAT (Administrative Appeals Tribunal). In general, you can lodge your review within prescribed timeframe. However, timeframe can vary depending upon type of decision or the mode by which you are notified about the decision by the department. If the review is not lodged within timeframe, you would generally loose the right to appeal.
The Minister has power under Migration Act to replace the decision of AAT, if the Minister thinks that it is in public interest. The condition is the Minister can only intervene if your case has been considered by AAT. The Minister’s power is discretionary. Making a Ministerial Interventions means you are asking an Immigration Minister to intervene personally in your case.
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