Visa Cancellations
Your visa is at risk. Act now.
Visa cancellation is one of the most serious immigration situations you can face. Once a cancellation takes effect, you will no longer hold a valid visa in Australia — you must get immediate legal advice because your right to remain in Australia is at stake. Whether your visa has been cancelled or you have received a notice of intention to cancel, time is critical.
The Department of Home Affairs can cancel visas under several provisions of the Migration Act 1958. Section 109 deals with cancellation where incorrect information was provided. Section 116 allows cancellation where visa conditions have been breached. Section 128 relates to student visa cancellations. And section 501 — the most serious — allows cancellation on character grounds, including criminal convictions.
For s501 character cancellations, you have just 9 days to lodge an appeal at the ART. This is one of the shortest deadlines in Australian immigration law, and missing it means losing your right to merits review entirely. I have extensive experience defending clients against cancellations under all sections of the Migration Act and have successfully overturned cancellation decisions at the ART, the Federal Circuit Court, and the Federal Court.
If you have received a Notice of Intention to Consider Cancellation (NOICC), you still have an opportunity to make representations before a decision is made. This is a critical window — a well-prepared response at this stage can prevent cancellation entirely. Do not wait until the cancellation decision is made to seek legal advice.
What I do
- Provide urgent advice on your rights and options within hours of contact
- Prepare and lodge formal representations against a proposed cancellation (NOICC response)
- Represent you in any interviews or hearings with the Department
- Apply for revocation of a cancellation decision under s137L
- Lodge and argue ART appeals within the strict 9-day or 28-day deadline
- Appeal to the Federal Courts if the ART decision is unfavourable
- Apply for ministerial intervention as a last resort