Visa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
Your Visa Is at Risk of Cancellation
A notice of intention to consider cancellation is a serious matter that requires a careful, evidence based response within a short window. The response you provide becomes the central record if the matter later goes to review, so it needs to be right the first time.
Why a Visa May Be Cancelled
Cancellation under section 116 can follow a breach of visa conditions, incorrect information provided at application stage or a change in the circumstances that made the visa criteria satisfied. Cancellation under section 501 turns on the character test and often follows a criminal sentence.
Notice of Intention to Consider Cancellation
Before most cancellations proceed, a notice sets out the grounds relied on and invites a response by a set date. This is the opportunity to put forward information the decision maker should weigh, and it should not be treated as a formality.
Responding to a Cancellation Notice or Decision
Preparing Your Response
A response should address each ground raised directly, supported by statutory declarations and, where relevant, evidence from family, employers or the community. A rushed or incomplete response can close off options that would otherwise have been available.
Mandatory and Discretionary Cancellation
Under section 501(3A), a visa must be cancelled where the holder is serving a full time custodial sentence and has a substantial criminal record. Other cancellations are discretionary and involve weighing protection of the community against personal circumstances.
Review, Revocation and Detention
Delegate cancellation decisions usually carry Tribunal review rights, subject to strict time limits, though personal decisions of the Minister are generally not reviewable on the merits. Once a visa is cancelled the person becomes an unlawful non citizen and is liable to detention, so acting quickly matters.
Time Limits and Urgent Action
Revocation requests following mandatory cancellation must generally be lodged within 28 days of notification, and review applications carry their own strict deadlines. These matters should be treated as urgent from the moment a notice or decision is received.
How Shah & Co Lawyers can assist
We move quickly on cancellation matters, because the response you lodge now shapes every option later.
Urgent Response Preparation
Preparing a considered response to a notice within the time allowed.
Character Submissions
Submissions addressing the character test and the Direction in force at the time.
Statutory Declarations
Statements from family, employers and community members supporting your case.
Tribunal Review
Merits review of cancellation decisions at the Administrative Review Tribunal where review rights exist.
Revocation Requests
Requests under section 501CA following mandatory cancellation.
Coordination With Criminal Lawyers
Working alongside criminal lawyers where underlying offending is still on foot.
Situations that need urgent advice
- You have received a notice of intention to consider cancellation.
- Your visa has already been cancelled under section 116 or section 501.
- You are serving, or have served, a full time custodial sentence.
- You are currently in immigration detention.
- You need to understand your review or revocation rights and deadlines.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
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Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
View Visa RefusalsMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
View Merits ReviewProtection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
View Protection VisasPartner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
View Partner VisasFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
View Family VisasCitizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
View Citizenship MattersAct quickly if you have received a cancellation notice or decision.
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