Level 12, 1 Example Street, Sydney NSW 2000

Visa Cancellations

Advice and representation when Home Affairs is considering cancelling your visa.

Visa Cancellations

Overview

If Home Affairs is considering cancelling your visa, the way you respond can make a real difference. We help you understand the notice, gather evidence and prepare a clear, honest response.

Why Visas Are Cancelled

The Migration Act 1958 gives the Department several cancellation powers. Common situations include:

  • concerns about information given in a visa application
  • not meeting visa conditions
  • the circumstances the visa was granted for no longer existing
  • character concerns under section 501, for example a substantial criminal record

Your notice will set out the specific grounds and the law being relied on.

Mandatory Cancellation on Character Grounds

By law, a visa must be cancelled if the holder is serving a full-time custodial sentence for an offence against an Australian law and has been sentenced to 12 months or more (or death or life imprisonment), or has been convicted of a sexually based offence involving a child. You then have 28 days to ask for the cancellation to be revoked.

After a Cancellation

  • Many cancellation decisions can be reviewed by the Administrative Review Tribunal. Time limits are strict and can’t be extended.
  • If your visa was refused or cancelled on character grounds since you last arrived, you can’t apply for any other visa except a Protection visa.
  • Other visa options may be limited by the section 48 bar.

Speak With Our Team

Every situation is different. Contact Sydney Migration Agents for advice from a registered migration agent about your options.

Services

Check Official Sources

Visa rules, fees and income thresholds change regularly, usually on 1 July. Always confirm current requirements with the Department of Home Affairs before you apply.

Book a Consultation

Talk to a Registered Migration Agent

We’ll review your situation, explain your visa options and give you a fixed-fee quote before you commit.