Immigration experts in Australia and NZ

Visa Cancellations

Visa cancellations in Australia involve the termination of a visa holder’s legal right to stay in the country, often due to reasons like character issues, health concerns, or breaches of visa conditions. Individuals facing visa cancellations can seek appeal and review options, including the Administrative Appeals Tribunal (AAT), Ministerial Intervention, and judicial review, to challenge adverse decisions.

Understanding Visa Cancellations in Australia: Causes, Consequences, and Appeals

Visa cancellations in Australia are a significant aspect of immigration law and can have profound implications for visa holders. The Australian government has the authority to cancel visas under certain circumstances, primarily to maintain the integrity of the immigration system, protect national security, and ensure public interest. Below is a summary of causes, consequences, and avenues for appeal in cases of visa cancellations. If you are subject to a visa cancellation, we highly recommend you speak to an experienced immigration professional to understand this implications of this, and your right to appeal the decision.

Causes of Visa Cancellations:

  1. Character Grounds: Visas can be cancelled if the visa holder does not meet the character requirements, such as being convicted of a serious crime or having significant association with criminal organizations.
  2. Health Grounds: If a visa holder poses a significant health risk to the Australian community or incurs excessive healthcare costs, their visa may be cancelled.
  3. Breach of Visa Conditions: Failing to comply with the conditions of the visa, such as working without authorization, can lead to cancellation.
  4. Fraud or Misrepresentation: If an applicant provides false information or fraudulent documents during the visa application process, their visa may be cancelled.
  5. National Security Concerns: In cases where an individual is considered a national security risk, their visa may be cancelled in the interest of national security.

Consequences of Visa Cancellations

It is essential for visa holders facing cancellation to seek immediate legal advice and understand their rights and options. Timely action, strong evidence, and legal representation are often crucial in appealing a cancellation decision successfully.

In conclusion, visa cancellations in Australia are a serious matter, and they can have far-reaching consequences. Understanding the causes, consequences, and avenues for appeal is essential for visa holders to protect their rights and immigration status in the country. Consulting with an experienced immigration lawyer or registered migration agent is highly advisable when facing a visa cancellation situation.

Potential Consequences of a Visa Cancellation

  • Detention and Removal: Visa holders facing cancellation may be detained and, if necessary, removed from Australia at their own expense.
  • Bans on Re-Entry: Depending on the reason for cancellation, individuals may be subject to re-entry bans, preventing them from returning to Australia for a specified period or indefinitely.
  • Loss of Benefits: Cancellation can result in the loss of benefits associated with the visa, such as work or study rights.

Avenues for Appeal

  • Administrative Appeals Tribunal (AAT): Visa holders can often appeal the cancellation decision to the AAT within a specific timeframe. The AAT reviews the case and may uphold, overturn, or modify the cancellation decision.
  • Ministerial Intervention: In some cases, visa holders can request the Minister for Immigration to intervene and exercise their discretion to overturn the cancellation decision.
  • Judicial Review: If all other avenues are exhausted, visa holders can seek judicial review in the Federal Circuit Court or Federal Court to challenge the cancellation decision on legal grounds.

Why Choose Absolute Immigration

With over 20 years of experience, our dedicated team can offer expert immigration advice and peace of mind with our people-focused approach.

People Focused


Our people-first approach filters through our team culture and directly to our valued clients, who are the ultimate purpose of our organisation.  We are all about helping people and helping businesses with their challenges.

Expert Immigration Advice


With our experienced team of Migration Agents and support structure, we pool our strengths and personal immigration experience to provide the best possible outcome for our clients. 

20+ Years Experience 


Absolute Immigration has been helping people live and work in Australia for more than 20 years.  We have expanded, and continue to grow, all based on our reputation for delivering exceptional solutions and service delivery.

Visa Cancellations - Get Expert Support

Facing the complexities of visa cancellations? No need to worry. Our experienced legal team and immigration consultants are here to assist you every step of the way. Contact us for professional guidance on dealing with your visa cancellation issues. Our experts have a wealth of experience in handling visa cancellations and will provide the assistance you need, guiding you through the necessary steps to achieve the best possible outcome.

Call us

You can get in touch with the team on our support lines: 1300 227 658 or +61 (03) 9827 3721. Alternatively, you can book a free 10 minute consultation through our Acuity Portal.

Email us

You can get in touch with the team through our support email: aisupport@absoluteimmigration.com

Visa Cancellation Frequently Asked Questions

Visa compliance refers to a visa holder complying with their visa conditions, including keeping details updated and abiding by the terms and limitations outlined in their visa grant.

The benefits of an immigration audit include 

    • Ensuring compliance with immigration laws.
    • Identifying potential risks and vulnerabilities.
    • Minimising legal and financial penalties.
      Maintaining a good reputation.
    • Promoting a culture of compliance within an organisation’s immigration practices.

 

To avoid a breach and significant penalties, an Immigration Compliance Audit will provide:

    • An understanding of Government regulations & consequences 
    • Actions required to remain compliant
    • Strategic migration advice and training from our experienced team

To test your compliance with the current employer sanctions legislation,  contact the Absolute Immigration team for a confidential assessment and pre-Audit health check.