If Home Affairs is considering cancelling your visa, it will usually write to you first. This notice is your opportunity to respond before a decision is made, and a careful response can make a real difference.
1. Read the notice carefully
Note the grounds being considered, the information the Department is relying on and your deadline to respond.
2. Respond on time, with evidence
Answer each concern directly and honestly. Provide documents that support your explanation, and don’t ignore the notice. If you need more time, ask before the deadline passes.
3. Understand character cancellations
Section 501 of the Migration Act sets out the character test. By law, a visa must be cancelled if the holder is serving a full-time custodial sentence and has been sentenced to 12 months or more, or has been convicted of a sexually based offence involving a child. In that case you have 28 days to ask for the cancellation to be revoked.
4. Know what happens after a decision
- Many cancellation decisions can be reviewed by the Administrative Review Tribunal, within strict time limits.
- If a visa is refused or cancelled on character grounds since you last arrived, you can only apply for a Protection visa.
- Other options may be limited by the section 48 bar.
Cancellation matters move quickly. Speak with a registered migration agent or immigration lawyer as soon as you receive a notice.
This article is general information, current at September 2026. It isn’t legal or migration advice. Check the Department of Home Affairs website or speak with a registered migration agent before you act.
