Department of Home Affairs will usually notify you if consider cancelling your visa and give your the opportunity to put forward reasons why your visa should not be cancelled.
You will have 28 days to make representations why you think the decision to cancel your visa should be revoked. The Department will consider all the circumstances of your case before responding.
There are several reasons for someone's visa is cancelled, including
- non-compliant with visa conditions
- provided false information on your visa application
- did not meet the character requirements
Visa Cancellation based on Character Test
The Australian government has been increasing the use of a strict character test to cancel or deny visas to thousands of non-citizens, including refugees, since the criteria was strengthened in 2014.
Between the 2013–14 and 2016–17 financial years, the number of visa cancellations on character grounds have increased by over 1100 per cent. This is due to December 2014 legislative amendments to the Migration Act 1958. These amendments introduced, among other things, a new mandatory cancellation provision under section 501(3A).
Character refusal or cancellation decisions will, as a consequence, lead to any undecided visa applications or visas held also being refused or cancelled.
Character Cancellation Chart Source: Depaetment of Home Affairs
In the last 12 months, more than 900 non citizen have their visa revoked under the law that require non-citizens sentenced to 12 months or more to lose their visas. Majority offenders are related to drug offenses, followed by assaults and child sex offenses.
In cases where someone appears to fail the character requirements, that person will be given an opportunity to put forward reasons why the visa should not be cancelled.
Student Visa Cancellation
Thousands of international students have their visa cancelled every year for a number of reasons, including providing false documents, not meeting the character requirement and non-compliance with visa conditions
Student visa cancellations Source: Department of Home Affairs
If someone' visa is cancelled
The consequences of cancellation of a visa might also bar that person from making further visa applications or prevent him/her from being granted certain visas to travel to, enter or stay in Australia .
If someone has had a visa refused or cancelled on character grounds, the only visa he/she can apply for is a Protection visa. The same situation applies if he/she has a Criminal Justice Entry visa, or stayed in Australia after the Criminal Justice Entry visa was cancelled, the only visa they can apply for is a Protection visa.
Refused a Protection visa
If someone was refused a Protection visa since last entered Australia, then he or she can't apply for a Protection visa again . He or she can only make an application for another Protection visa if the Minister decides it is in the public interest to let him/her submit a further application.
Sources: Department of Home Affairs
