Visa Cancellation in Australia (2025 Guide): Reasons, Process, Appeal Options & Practical Steps
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Table of Contents
Every case turns on its facts. The law gives the Department wide powers but also requires procedural fairness. Your goal is to use the short time available to present a clear, accurate and well-evidenced story. The difference between a rushed, emotional reply and a structured legal submission can be the difference between cancellation and survival of your visa.
Visa cancellation at a glance (the big picture)
Visa cancellation can occur under several provisions of the Migration Act 1958. Most clients encounter one of five common pathways: s116 (general grounds), s501 (character), s109 (incorrect information), s128 (offshore cancellation), or s137J (student-related grounds). Each has different triggers, evidence considerations and review rights. In many instances, you will first receive a NOICC. That’s your opportunity to correct the record, explain the circumstances, and persuade the decision-maker to exercise discretion in your favour.
My approach is consistent regardless of ground: identify the precise legal trigger, map the timeline, isolate disputed facts, gather third-party evidence, and craft a submission that addresses the legislation and the policy while telling your human story. That blend of law and reality is how strong cases are built under pressure.
Legal grounds for visa cancellation
Below is a practical overview of the principal cancellation powers relevant to most clients. Use it to identify where your case sits before drafting anything.
s116 — General cancellation powers
Section 116 allows cancellation if, for example, the decision-maker reasonably suspects you did not comply with visa conditions, circumstances have changed such that the visa would not have been granted, the presence of the visa holder may be a risk to health/safety, or there has been non-genuine study or work. This provision is broad. The key word is discretion: even if a ground is technically made out, the decision-maker may still decide not to cancel after considering all relevant factors.
In s116 matters I focus on disproving the factual assumption (if it’s wrong) and, in the alternative, persuading on discretion: compliance history, community ties, employer or education provider statements, and evidence that any breach was minor, inadvertent or remedied.
s501 — Character-related cancellation
Section 501 deals with visas cancelled on character grounds. These are often the most complex and high-stakes matters. A person may fail the character test due to substantial criminal record, association, or risk factors identified by the Department. For mandatory cancellation (e.g., certain sentencing thresholds for non-citizens in prison), the Act provides a strict framework and tight timeframes to seek revocation.
Strategy in s501 cases involves frank disclosure, sentencing materials, rehabilitation evidence, psychological reports, probation or parole confirmations, community references and hardship evidence. The decision hinges on protection of the Australian community, expectations of the community, the risk of reoffending, ties to Australia and the best interests of any minor children affected. Submissions must be thorough and respectful — thin material is rarely persuasive in s501.
s109 — Incorrect information (PIC 4020 context)
Under s109, a visa may be cancelled if you provided incorrect information or bogus documents. Sometimes the issue is innocent mistake; sometimes it is a genuine dispute about what a form question really meant. The law distinguishes between deliberate deception and inadvertent error, but both can be serious. If you receive a NOICC under s109, respond carefully. Correct the record, explain the mistake if there was one, and provide independent corroboration wherever possible (employer letters, education records, civil registers).
Where the Department suspects a pattern of inconsistent statements, I align the file: a dated chronology, copies of original applications, and a short witness statement clarifying ambiguities. Your aim is to restore credibility.
s128 — Cancellation outside Australia
Section 128 allows cancellation while the person is outside Australia in certain circumstances, often without prior notification. Clients typically discover the cancellation when boarding is refused or when a new visa is later refused due to history. The remedy depends on the reason for cancellation and your current objectives (returning to Australia, clearing the record, or applying afresh). In practice, we obtain the Departmental records, reconstruct the decision pathway, and then decide whether to challenge, explain or move strategically to a new application.
s137J — Student default and related grounds
Under s137J, student visas can be cancelled where course enrollment is not maintained or certain student obligations are not met. Sometimes students genuinely misunderstand their enrolment status, or a provider’s reporting triggers cancellation despite attempts to remedy the issue. In these cases, I gather evidence of attendance, course changes, deferrals, compassionate or compelling circumstances, provider communications and payment records. If the NOICC window is open, act immediately and explain the educational pathway clearly.
What happens first: NOICC, natural justice & timeframes
In most onshore cases, the Department serves a Notice of Intention to Consider Cancellation (NOICC). The NOICC states the legislative ground and the facts relied on, and invites your response by a deadline. This is your natural justice window. Missing the deadline almost always harms your position; assumptions in the NOICC may then go unchallenged.
Typical timeline:
- NOICC received — read carefully and diarise the due date.
- Immediate triage — identify the legislative ground, disputed facts and missing documents.
- Evidence sprint — collect third-party records to fill gaps and correct errors.
- Submission — a structured response uploaded before the deadline.
- Outcome — cancellation, “no cancellation”, or further information request.
Keep your tone professional. Avoid speculation or blame. If a mistake occurred, acknowledge it if appropriate and show remediation. Decision-makers respond to clarity, not bluster.
How to respond effectively (lawyer’s method)
When time is tight, I use a disciplined template to produce a persuasive response quickly.
- Header & identifiers: Full name, DOB, client ID, visa subclass, NOICC date, due date, legislative ground cited.
- Issue list: Bullet point the specific allegations or concerns.
- Chronology: Dated events with references to evidence (“See Annexure A1”).
- Factual response: Address each allegation calmly, correcting errors and attaching independent proof.
- Legal framework: Briefly outline the test under the section (e.g., discretion in s116; character factors in s501).
- Discretion submissions: Harm if cancelled, community ties, children’s best interests, rehabilitation, compliance steps.
- Annexures: A numbered bundle (A1, A2…); label files clearly for fast reading.
- Conclusion: Polite request not to cancel (or to revoke/decline to cancel), thanking the decision-maker for considering the material.
Attach only what is relevant. Ten focused pages beat a hundred random screenshots. If evidence is pending (e.g., a police check en route), note it and provide an ETA. If you need more time, request it early with reasons.
Document checklist for cancellation responses
| Category | Examples | Why it matters |
|---|---|---|
| Identity & visa | Passport biodata, visa grant, VEVO printout | Confirms status and scope of conditions |
| Factual proof | Employer letters, payslips, rosters; enrolment records; travel evidence | Corroborates your version of events |
| Character & conduct | References, rehabilitation programs, counselling reports | Essential in s501; useful in discretion under s116 |
| Hardship & ties | Family composition, care obligations, medical reports | Shows impact and community connection |
| Communication record | Emails with provider/Department, receipts, timelines | Demonstrates good faith and diligence |
Bundle your annexures and paginate. A clear index saves the reader time and helps your credibility.
After cancellation: bridging visas, work rights & status
When a visa is cancelled, your status changes immediately. Depending on the pathway, you may become unlawful unless protected by a bridging visa or by an in-time review application. If you are eligible for review and you lodge within the deadline, a bridging visa may become available pending the outcome (often with work limitations that can be varied in certain circumstances). If no review is available, consider urgent legal advice about other options to regularise status or make timely departure plans to avoid re-entry bars or longer-term complications.
Do not ignore your status. Check your VEVO, confirm bridging visa grant and conditions, and keep copies of everything. If you are unsure, get advice immediately.
Appeals: AAT review, Federal Circuit and Ministerial options
If your cancellation decision is reviewable, you may have a short window to apply to the Administrative Appeals Tribunal (AAT). The AAT will generally conduct a merits review — looking at the facts afresh — and can affirm, vary or set aside the decision. Strict time limits apply. Missing a deadline usually ends the review pathway.
In s501 cases, different review regimes can apply depending on whether the cancellation was mandatory or discretionary, and whether the decision was made by a delegate or the Minister personally. If the Minister made the decision personally, merits review may be excluded; only limited judicial review might remain. Judicial review focuses on legal error, not the merits. Finally, in rare and appropriate circumstances, Ministerial intervention may be considered after merits review avenues are exhausted, but this is highly discretionary.
For appeals, I prepare a fresh evidence plan: updated references, risk assessments, family impact statements, medical material, and expert reports if needed. The hearing is your chance to tell the story properly — prepare for it like it matters, because it does.
Comparison table: cancellation types, triggers and review
| Ground | Typical trigger | Discretion? | Review pathway (typical) | Key evidence focus |
|---|---|---|---|---|
| s116 (general) | Non-compliance, changed circumstances, risk concerns | Yes | AAT merits review (time-limited) | Compliance records, ties, employer/provider evidence |
| s501 (character) | Substantial criminal record, risk, associations | Yes (except certain mandatory settings) | Varies: AAT or limited/judicial if Minister personally decides | Rehabilitation, risk reduction, best interests of children |
| s109 (incorrect info) | Inaccurate statements/false documents | Yes | AAT merits review (time-limited) | Documentary corrections, independent corroboration |
| s128 (offshore) | Cancellation while outside Australia | Yes | Depends on context; often new application strategy | Decision record, new facts, pathway planning |
| s137J (student) | Enrollment breach, non-attendance, reporting | Yes | AAT merits review (time-limited) | Education records, compassionate/compelling circumstances |
Common mistakes (and how to avoid them)
- Missing the NOICC deadline: Even a strong case can fail if lodged late. Diarise immediately.
- Emotional responses without evidence: Assertions are not proof. Attach independent documents.
- Inconsistency between forms and statements: Align dates, employers, study and travel. Fix errors openly.
- Over- or under-disclosure: Provide what’s relevant and probative. Don’t flood; don’t starve.
- Silence about past issues: Address previous non-compliance, explain remediation and show changed behaviour.
- DIY in a high-risk s501: Character matters demand forensic preparation. Get help early.
Real anonymised examples from my practice
Example 1 — s116 and alleged work breach on a visitor visa
A visitor was accused of working while on a no-work condition. The NOICC relied on social media posts and third-hand information. We produced airline tickets, event itineraries, bank records and a statutory declaration explaining the context (a family event, not employment). We also obtained letters from the supposed “employer” confirming no employment relationship existed. The delegate decided not to cancel under discretion.
Example 2 — s501 and rehabilitation after a short sentence
A temporary resident with a short custodial sentence faced s501 cancellation. We filed a detailed risk assessment from a psychologist, employer support, parole compliance records, and evidence of community service. The case focused on the protection of the community and expectations of the community. The decision was to revoke the cancellation following submissions and a hearing; the client rebuilt their life and has had no further incidents.
Example 3 — s109 and an honest mistake about a prior visa
Our client ticked the wrong box regarding a previous visa refusal due to misunderstanding the question. The Department treated it as incorrect information. We obtained the old file, showed the nature of the confusion, provided new statutory declarations and independent confirmation. The delegate accepted the explanation and declined to cancel.
Example 4 — s137J student enrolment confusion
A student’s provider reported non-enrolment after a deferral request fell through the cracks. We produced emails showing timely attempts to comply, payment receipts, compassionate circumstances, and a new COE. The Department exercised discretion and did not cancel.
Frequently asked questions
- What should I do the day I get a NOICC?
- Diarise the due date, read the alleged facts carefully, and start an evidence list immediately. If needed, seek urgent legal advice the same day.
- Will I get a bridging visa if my visa is cancelled?
- It depends on the pathway and whether you have a review right that you exercise in time. If a bridging visa is available, check the conditions and keep copies.
- How long does the Department take to decide after my response?
- There is no fixed timeframe. Complex cases may take longer; some decisions issue quickly. Keep your contact details current and monitor messages closely.
- Can I work or study while my cancellation is being considered?
- Only if your current visa/bridging visa permits it. Read your conditions. Breaches harm your case and can trigger further action.
- What happens if my visa is cancelled and I don’t appeal?
- Your status may become unlawful. You should seek immediate advice about regularising status or departing to avoid compounding issues.
- Is an apology helpful if I made a mistake?
- Where appropriate, yes — but pair it with objective remediation steps and independent evidence. Decision-makers value candour and concrete change.
- Do I need a lawyer?
- Not legally required, but high-risk matters (especially s501 or complex s116/s109) benefit from specialist preparation, structured evidence and advocacy.
What to do next
If you’ve received a NOICC or a cancellation decision, time is critical. A focused, evidence-backed submission can change the outcome — but only if it’s on time and on point. My team and I act quickly, prioritising cases by deadline and risk level.
Book a consultation with me to discuss your visa cancellation case. I’ll review your NOICC or decision letter, map your best options, and give you a realistic plan for the next 48–72 hours.
Helpful pages on our site: Visa Refusals · Visa Cancellations · Court Appeals
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
48 Responses
Hi Lawyers. How do I go about booking a consultation? Thanks.
Hi Tariq,
You can book a consultation with me by visiting [myvisa.com.au/appointment](https://myvisa.com.au/appointment).
For complex matters, please schedule a formal consultation. For simpler queries, you’re welcome to use my 10-minute service.
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
https://myvisa.com.au/
Hi,
I have a question hoping someone can help. I have a three-year visitor visa which allows me to enter multiple visits but each visit is max 3 months. Now I wish to apply for an onshore partner visa. Just checking when I submit the onshore partner visa, do I have to leave Australia every three months (which is costly) when waiting the the partner visa decision? What options do I have to stay onshore when waiting for the partner visa grant?
Hi i have resided in Australia for the last 22 years. I have relocated permanently to another country now i want my superannation. Is there a way of getting those funds or a way of cancelling my permanent residency so Ican have said funds dispersed to my newe coutry of residence?
been granted permanent residency and my partner as my dependent under defacto relationship. when she got here she ended relationship with me and I just found out that after 3 months she been here in Australia she went back to Philippines and got married to another guy. And she is still here in Australia and planning to bring her husband here. She only used me for visa to get here. Just want to know how can I cancel her visa here.
Dear Nilesh Nandan,
First I want to start with some context:
On 17/12/22 me and my girlfriend both were granted a working-holiday Visum (417).
In Februari 23′, 2 weeks before we where planning on leaving to Australia I had a serious knee accident which prevented us from going to Australia.
We still want to go to Australia, but I will only be fully recovered by Februari 23.
The issue is that our Visa is only valid for one year after application.
I have 3 questions:
1. Is there any way we can ask for a refund OR to ask for an extension of our current visum?
2. Do we need to cancel our current visum before applying for a new visum (if needed).
3. Is there a chance that our new application will be refused because we did not enter Australia during our first Visum Period?
Thanks in advance to help us out!
Emma & Wout
I have a record of my visa being cancelled, but later on, I received permanent residency (PR). Now, I want to apply for citizenship. Could this affect the outcome of my application?
Hello
Myself Rupal bhatia, i am a main applicant holding 190 bridging visa c. My partner and daughter are my dependent visa holders. My partner cheating on me and now i want to live him. If i file divorce before visa grant then is it going to affect my daughter’s and my visa? My daughter is 4.5 years old and she born n brought up in perth australia. But if i file divorce then my status will change from married to divorce or seperation then is it going to affect my permanent residency visa? Am i eligible to get PR? He paid my fees and rent. I also helped little because i was taking care of my daughter. I don’t have had any help from any person or government subsidies to pay that’s why we decided that he will work full time and i can work casual because i have to take care of my daughter.
Now he cheating on me and if i file divorce or police complain against him then he threatened me that he will ruin my life, kill my daughter and harm to my family in india.
That’s why i am ready to give him PR but meantime i am planning to send my daughter to my parents house in india but he threatened me not sand her. Because if my daughter will stay here then she will get depression and may be he can harm her. And i can’t work full time and i have to depend on him. So he can make my life miserable.
So in this case what can i do? How can i secure my daughter’s and my life and visas?
Thank you.
Hi, I am in a serious dilemma and I need your help please.
My wife was granted student visa (ECU, Perth) and myself and our two kids are dependent of her. Right after that and while we were still offshore, I received 190 invitation from QLD which I lodged on 15th of Nov, 2022. Immediately my wife deferred her course, with an assumption that 190 would be granted before next semester commence.
We are still offshore and waiting for 190 outcome. She is suppose to start her Uni from 20th of this July. We are being advised not to travel to Perth as it would risk the 190 outcome. And we cannot apply further deferral.
What is the best thing to do in this situation? Can we afford to cancel student visa as we are still offshore? Will it affect our 190 assessment? Please advise.
Thank you.
Hello sir,
i’m facing some problems which is from my in laws family they are said before one week i will cancel your 485 work visa till march 2026.
first my husband booked my round trip and then he come india and now he is doing fraud with me and my family and every time
tell me i have full right to cancel your visa…i am room attendant in hyatt regency perth.
can he cancel my visa ???
I’m on a 186 Visa and as of today have switched onto a bridging visa A while my PR is processing. There’s talks of redundancies circulating in the office, if I am made redundant before my PR is approved, does the application get thrown out?
I have spent $260000 sponsoring an individual who was supposed to work for me for 2 years he resigned 2 days after receiving his permanent residency visa what are my rights?
Can i cancel my 491 Visa and apply for 190 visa while my 190 state nomination is still valid?
Hi Ray
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. Technically you can do this, but your little be very, very careful.
2. Do you have use the word cancel. I would prefer you consider that making an application for another Visa will extinguish rather than cancel the 491 Visa. For example by making an application for a visitor Visa, if the visitor Visa is granted, it will extinguish the 491 Visa at the time the visitor Visa is granted.
3. You should check carefully that you meet the requirements for the subclass 190 Visa. You do not want to be left with no Visa at the end of the day. I am specifically thinking of a situation where you get rid of your 491 Visa and then your 190 Visa is refused. This would be heartbreaking!
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi, I am on 482 TSS at the moment. Since the company has stopped growing they have made multiple people redundant. I received an invitation in relation to performance of my duties next week. The behaviors of the company has led me to believe they are trying to cut down on the team and looking to downsize.
I have a partner who is on a Student visa. I have an option to go on a dependent on her visa. I am just concerned since I will be receiving Bridging A upon lodging dependent visa and if they cancel 482, Bridging A will be cancelled too. So what are my options here? Should I wait until they cancel or how does it work?
Hi,
I have a question and would be grateful if you could help me with it.
I have been granted a working holiday visa (462), but later in the year I hope to be able to apply for a more convenient one given my circumstances (408 research activities or even 186 employer nomination scheme). Do I need to wait for the 462 to expire, or can I apply for the new one anytime? Is the approval of the new visa going to be affected by the current 462? Do I have to make the new application from outside Australia? Is there any other thing I need to pay attention to?
Thank you so much in advance.
Best,
Maria
My wife and son had a permanent
Residency visa valid until Oct 2023
With vevo
They were denied re entry to Austrlia
On 17th January 2022 whilst
Holiday in Thailand the reason we
We’re given is that had become
Austrlian citizens in Sept 2022
And now can’t return until they get
Austrlian Passports in Thailand
They traveled on there Thai Passports
We were never informed that
There permanent residency visas were
Revoked Mark
Hi,I was released from prison on 12/12/22 after serving 12 months.I received a notice on 20 October 2022 informing me my visa had been cancelled.It was cancelled by the Immigration Minister in June last year.i have sent the Revocation for cancellation form in October/November last year.Upon my release from prison ,I was taken into immigration detention by Serco.Currently,I am in Hotel detention at Meriton in Brisbane City.Whilst here,I received a letter from HA inviting me to comment on the transcript of court proceedings that was attached to this letter.I have sent my response through to Revocations section.Whilst I was in prison,I told my sister to send all my supporting documents to Senator Bill Murray in Southport,Qld.His office sent all my materials to Revocations.Initially,prior to this the NCCC had my representations.So thats where I am at now and awaiting a response to my application.I have lived here for 28 years,all my family,extended family,my child born last year whom I have yet to meet,all my connections are here in Australia.My association with my birth country no longer exists and I have had no contact with fiji for 32 years.I have a lawyer but up till now,I myself have prepared and presented a case to Home Affairs.Which I feel is appropriate and looks genuine coming from me.If the decision to revoke my visa is cancelled I will then require representation.Can you advise on what else I can do? Out of 244 cancellations only 16 were revoked last year.Pretty scary statistics…
Hi Mr Nilesh
Can you please help me with advise if I need to set up an hook up with you please let me know?
Summary-
My permanant visa application refuesd under Sec 501 in 2017 due to an regrettable I was involved in 2012 which gave me 12 Months imprisonment.
I am so fortunate that AAT set aside department decision and department granted my PR or Subclass 190 visa.Apart from my offence in 2012, I never involved anything.I am working hard to make my family life prosperious, happy .
My wife and my son granted citizenship now. I am looking to apply my citizenship soon.
My father passed away during Covid and my mum is very unwell.I want to go Bangladesh to see my mum, to visit my father graveyard, to see my siblings.Will by criminal conviction will create problem if I travel Bangladesh for 4 weeks, eventhough this matter has already been dealt my department .I am very worried should I go or not.
Ple note I came Australia as an Student.
If you can tell me what should I do?
Hi,
My brother-in-law applied for a working holiday visa which is subclass 417. Is there any chance to cancel his visa and go for a tourist first? He wants to look around first before re-apply for 417.
Will he have any issues if there’s a record that he cancelled his visa? Can he still apply for 417 after his tourist visa?
Thank you😊
Hi Nilesh, I am on 491 visa granted on feb 2022 and this financial year makes 1year complete but still have more 2years to complete for applying 191 visa. With the current grants of 190/189 for 65 points for registered nurse, I regret applying 491. I have 85points and it seems unfair. Can I cancel my 491 visa and stay on covid and reapply 189 ? I have seen within three months my friend received nomination and visa grant for 189 with 65 points.
Your response will be highly appreciated.
Hi,
My company is sponsoring 186 visa and I am in Australia at present on deputation. if during the visa processing stage I need to travel back to India for an year or 2 due to family issues., but I will continue in same company from India, How it is going to affect granting of 186 visa and if it is granted and I am still not able to come back to Australia what would happen to 186 visa that is granted, can it be cancelled. I would continue on same company from offshore.
Hi Manish
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. No effect on the 186 processing.
2. If granted, you’ll need to enter and commence employment.
3. There is some limited scope for you to work remotely after grant of the 186 direct entry permanent Visa, whoever you should get some advice in relation to how to avoid a “notice of intention to consider cancellation of the 186 Visa”.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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My 482 visa just got terminated by my sponsor. I have applied for the 190 state sponsorship and received my invitation. It has been 2 months since I completed the medicals. I have been actively looking for a new sponsor to take over my visa but can’t find anyone.
What are my options to stay in Australia lawfully while I wait for the 190 visa to be granted?
Hello,
Thanks for the information. At the end of March, I applied for the eVisitor (subclass 651) Australian visa with other 3 family members. Theirs were granted on the same day or a day after, but mine is still marked as ‘received’. We will soon be travelling to Australia, thus I phoned and they told me that they cannot give me an update but to attach a letter to state my concerns. Still, nothing happened.
If I delete my application, will it take long for it to be deleted? Because if it got lost in the system, it might be better to submit a new one.
Thanks in advance
Thank you you question, although it if completely off-topic for this Visa cancellation page.
You should be aware that there is nothing stopping you from making a repeat application will there be sure to be sure any pending application as soon as one application is approved.
If you do not wish to make a repeat application then you’ll need to contact the department and asked them to expedite the present application. You might also consider going to the global feedback page on the IMMIGRATION website and lodging a polite complaint.
As a courtesy to you I share with you the following email address which may or may not be useful please do let me know if it is useful so others can benefit from accessing this email address. It could assist you to contact the department is greater ease. Note: Contacting the department can be very frustrating!
Here is the email contact the Department of home affairs for the visitor subclass 651 stream.
evisitor.helpdesk@homeaffairs.gov.au
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review of your interaction with me here: https://g.page/r/CQYxp0c4EMtqEAg/review
Hello,
Thanks for your reply and sorry for it being off-topic but I cannot find anyone to help me.
I used the email but this is the reply I got:
This is an automated response
Emails sent to this mailbox will not be actioned and you will not receive a response.
Please do not reply to this email.
Then they have information with different links that you can find on the website.
I phoned them but they cannot give me updates. I also tried to apply again but I could not submit the application because I have the other one marked ‘received’. I might try the app and try calling them again.
Thanks for your help.
hi i am a permanent resident and i’m getting deported can i claim back my superannuation
Hi,
I am just after some advice as to what my options are, if there even are any.
I am currently.at Villawood detention centre and have been here for 2 years fighting for my visa cancellation to be revoked. Ive already attended AAT and appealed at the federal court and again at full federal.
Given that I was appealing only on 1 ground I saw little hope in appealing again to the high Court so I didn’t waste their time.
Do I have any other options to continue fighting? Esp with labour now in government does this change anything for me.
I have been in Australia for 20 yrs my whole adult life and contributed to the community for 17yrs before life when downhill due to certain events which resulted in a 4 yrs sentence of which I served 2 in jail. This was my first and last time in custody and no criminal record prior. Unfortunately I have no children, another reason I so desperately want to stay as I am now 42 and returning to NZ and leaving my home here will greatly reduce the possibility of starting a family.
Also if I don’t have any other options and if labour decides to amend the rift with NZ and the current immigration rules by implementing a similar structure to NZ being that if an Australian has been living in NZ for 10 yrs or more they cannot be deported, then would I be able to reapply to return to Australia or is my decision made under Liberal gov set in stone permanently.
Any advice would be greatly appreciated. Thanks
Kate
Need help
My partner and I are unsure of what to do.
We had a break and it was hard on both of us he sadly did some reckless stupid shit and has had to go to trial and sadly been given a 30 month sentence we r trying to get an appeal in as he isn’t guilty for the charge that gave him 22 months
I have been asked to write a letter and get family to write one too we are unsure of what is required in the letter he is a father of 2 children 9 and 8 and they are going to be serverly impacted if he is deported back to England he has been on a permanent resident visa since he was 10 when he was sent to Australia with his younger brother to live with their father as their mum wasn’t mentally stable or fit to raise them and their 2 other brothers remained in the UK with their father he is currently serving his sentence this is his first crime and are extremely worried as our children r in DCP care and we currently are in children’s court fighting for them any help would be greatly appreciated as soon as possible
Thanku
I am most distressed that a friend we have come to know, who is from the Democratic Republic of the Congo and living in Brisbane under a Protection Visa, was sentenced to serve eight years in prison for a crime we do believe he did not commit. During his time in prison his Protection Visa was cancelled (S501) and upon discharge from the prison, he was immediately sent to immigration detention. This man is highly intelligent and had already made a valuable contribution to Australia by working hard and also providing support to his family in Africa. We have contacted many immigration lawyer specialists who cannot assist him – he does not have an income nor the funds to pay upwards of $20,000.00 to challenge this decision. Is there anything that can be done for this man, who does not deserve to be sent back to the DRC. This would mean a death sentence due to his political activism in participating in a party that was trying to change the corrupt government that was in power at the time.
Hi Lorraine
Someone needs to look at the cancellation decision and to ascertain whether or not that decision was infected with any legal error.
It would also be important to know whether or not the decision was made personally by the then Minister for Immigration or Assistant Minister for Immigration or whether it was simply done by a delegate of the Department.
Then it would be necessary to consider whether or not there is a strong case to argue in relation to a jurisdictional error having infected the decision-making process and whether or not the case is strong enough to be able to bring an application at the present time.
Why this is important is that it is likely that he has missed his opportunity to make application to the Federal Court of Australia for review of any decision made personally by the Minister or the Assistant Minister.
If the case is a strong one and there is no prejudice to the Department, then it may be possible to seek leave and obtain an extension of time, which would then enable an application to be made for judicial review.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Use this link to book your consultation with me: https://myvisa.com.au/complex-consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
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Hi,
I have a cancellation of my previous visa of 457 as unfortunately the company didn’t put the paperworks right. I have a bringing visa E and I left Australia in the 2019 without any issue. I would like to know if there is any problem if I apply for a new sponsorship or any new visa now . thanks
Hi,
I voluntarily requested DHA to cancel my student visa while I was offshore(never landed) last month but I got state nomination (491) this month. The delegate stated that I may want to make another application for a visa, however he can give no indication of the possible outcome of the application. Is it possible to get a new visa grant from DHA since I have had a visa cancelled just few weeks ago? Or I have to wait a long period of time in order to apply a new skilled visa?
Thanks in advance.
Hi my enquiry about visa cancellation.actually my husband was main applicant..we had domestic violence . 1 month ago we got permanent residency.now he threating me he said he will tell to immigration to cancel my p.r. ..so please advise what can I do..I already informed to police. he abusing me verbally..
My husband has been overseas for two years unable to return due covid .
He has a permanent residents return visa which was renewed 2020 . He was denied boarding last night as he was told his visa was ceased …. He was never told if this and his immi account states finalised.
He made another application at the airport last night but has no idea when it will be granted …. I am an Australian citizen .
Hi – I have a PR visa and have left Australia to return home to the UK. I want to be able to access my super and bring it back to the UK, is there any way to cancel my PR visa. Can you help with this?
Hi Amanda
Yes. and Yes.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
My wife and I have been living in Australia since the end of 2017. At the end of 2020, we applied for 186 Employer Nominations, where she was sponsored by the company she is working for and me as her partner. The visa was granted at the end of August 2021. After 15 years of a consolidated relationship, our marriage is not going well. In case of finish the relationship with my wife. In this situation, as a Partner of her sponsored nomination, can I have my visa cancelled without my permission?
My husband and I married in 2005. He is here on a marriage visa. Our marriage has been bad since the beginning. My husband has been highly abusive towards me and my children, including violence, for 16 years. I have never pressed charges. My children are now 25 & 27. We all have PTSD from him. He is an alcoholic, narcissist and more. I have begged him to seek help and to discuss our issues, which has never happened. He is a Clinical psychologist (Master abuser) and I am a Spiritual Medium and healer. We have been running a business together since 2005. Twice Trevor has had complaints made about him to APHRA.
He refuses to leave, always saying ‘make me’. He is always threatening to take my home and has been sleeping in our garage/business office for 8 years.
Can I apply to the Dept of immigration to have his marriage/permanent resident visa cancelled? He wants to apply for Australian citizenship.
Qatar appointment Assalam walekum Sar Mera visa cancel kar de
Passport number px2740811
Visa number 382021370789
hi, My student’s dependent visa got cancelled 2 year back because i worked more than 40 hours. now my partner about to get PR in Australia. can i apply for Australian visa again and what’s the chance of getting the Australian pr?
I have an inquiry about cancelling my 482 visa. now I have lodged 820 visa
I would like to work as soon as possible but 482 visa is still alive and expires on Oct 2022. Is there any way I can cancel 482 visa myself?
Appreciated if you can help
Jennifer
Hi, I am currently in australia working for sponsored 482 visa, i got a new offer and new 482 visa was approved.
I decided not to join the new organization, will my old visa still be valid?
I had visa canceled 501. I voluntarily signed. I’m a able to apply to go back to Australia at all. Not to live but to visit mum whos 68
Hi – We’re on a PR and are going to leave Australia permanently in March 2021. I want to be able to access my super and take it back to the UK with me. Have you helped anybody do this before?
Hi Team,
I have lost my job on 2020 June end, also I lodge my 190 Visa on last year November so my bridging Visa is granted but not activated, so my question is when my bridging A will be activated ? after cancelling the Visa or after 457 expiring only?
As per 457 visa condition after loosing the job within 90 days to departure the country, is it applicable for me?
In meantime I can work for others without cancelling the Visa or without expiring.
Hi, Mr Nundun.
My name is Guaraci Ribeiro.
Mr Nundun, I have a subclass bx 858 permanent resident visa, for my abilities as an international dancer and choreographer, as proved at the time of visa application through affidavits, and all due evidence. This visa was given to me on February 17, 2009. in 2011 I left the country for a trip to Europe and then I returned to Brazil to help with my godmother’s health and I have been away from Australia for all this time, my question is if, am I eligible to return to Australia on a sub class 157 resident return visa?
I would like to know if your office could assist me in this process and how much it would cost me, if of course that if I really have a chance of succeeding to get.
Thank you very much for your time.
Kind regards