Visa cancellations

If you are on a temporary or permanent visa in Australia, the government can seek to interfere with your visa and cancel it.

For example, if you are charged with a criminal offence, it is not unusual for the government to write to you giving you notice of its intention to cancel your visa on the basis that you are or may be a risk to the safety of the Australian community.

If you receive such a letter, you have 7 days to respond.  However, a further 7 days can be requested in writing, allowing a total of 14 days to respond to the notice from the date of it.  These timeframes are important and need to be strictly complied with.

We can assist in making submissions to the government to tell it why it should not cancel your visa.  The submissions should be thorough and attach evidence in support of statements made in the submissions.

If, despite the submissions, the government proceeds to cancel your visa, you can apply to the AAT to review the cancellation decision, on the merits (see also the information on the AAT & Judicial Review page of this website).  This must be done promptly.  You will then be issued with a bridging E visa whilst awaiting the AAT hearing.  The AAT generally prioritises AAT reviews of cancelled visas when a person is on a bridging E visa, or particularly if the person is in immigration detention.

Based on our experience, it is not unusual for the AAT to set aside the decision to cancel the visa so that the visa is back on foot.

We can assist throughout the visa cancellation process.  Proper care should be taken and appropriate time allocated to the matter.  We believe it is helpful to be legally represented in these important matters.