CANCELLATION OF AUSTRALIAN VISAS
Overview
The Australian Department of Home Affairs has the legal authority to cancel or refuse visas under specific circumstances. Visa cancellations can affect both temporary and permanent visas, often with serious consequences for future visa options.
Visa Aid assists clients in understanding cancellation risks, responding to notices, and exploring lawful pathways where available.
The Character Test (Section 501)
Australian visa holders must meet the character requirements under Section 501 of the Migration Act 1958.
You may fail the character test if you:
Have a substantial criminal record
Are associated with individuals or organisations involved in criminal conduct
Have a history of serious or repeated offences
Are assessed as posing a risk to the Australian community
Failing the character test can lead to visa refusal or cancellation, even if the visa was previously granted.
What Is a Substantial Criminal Record?
A person may be considered to have a substantial criminal record if they:
Have been sentenced to 12 months or more imprisonment
Have received multiple sentences totaling two years or more
Have been detained in a correctional or mental health facility following a criminal finding
Periods of parole, suspended sentences, and court-ordered detention may also be included in the assessment.
What Happens If Your Visa Is Cancelled?
If your visa is cancelled:
You may lose the right to remain in Australia
You may be detained or required to leave Australia
Your ability to apply for future visas may be restricted
In some cases, re-entry to Australia may be permanently barred
Each case is assessed individually and outcomes depend on your visa type, history, and response.
Visa Cancellation Process
Visa cancellation typically follows these steps:
Step 1: Notice of Intention to Consider Cancellation
You are formally notified and given an opportunity to respond.
Step 2: Response Period
You may submit written reasons, supporting documents, and evidence addressing the concerns raised.
Step 3: Decision
The Department or Minister decides whether to cancel or allow your visa to continue.
Professional advice at this stage is critical.
If Your Visa Has Already Been Cancelled
If your visa has been cancelled, options may include:
Seeking review or appeal (where legally available)
Applying for another visa (in limited circumstances)
Requesting Ministerial intervention
Strict time limits apply. Delay can permanently remove available options.
How Visa Aid Can Help
Visa Aid provides:
Assessment of cancellation or refusal risk
Assistance responding to Notices of Intention
Advice on appeal, review, or alternative visa options
Clear guidance based on current migration law
Every situation is different. Early advice matters.
Speak to a Migration Specialist
If your visa has been cancelled, refused, or is at risk, professional guidance can significantly affect the outcome.
Book a confidential consultation with Visa Aid today.
IMPORTANT NOTE (Footer Style)
Visa outcomes are subject to Australian Government regulations and individual eligibility. This information is general guidance and does not replace personalised legal advice.
