Visa Cancellation

Expert Help With Visa Cancellations & Appeals

When the Department of Home Affairs considers cancelling a visa, it’s important to act promptly and understand your rights. A cancellation decision can affect your ability to remain in Australia, sponsor family members, or apply for future visas.

With our guidance, you may be able to:

Understand the grounds for your visa cancellation and your legal options
Respond effectively to a Notice of Intention to Consider Cancellation (NOIC)
Apply for revocation of a mandatory cancellation within strict timeframes
Prepare strong submissions to support your case
Lodge an appeal to the Administrative Appeals Tribunal (AAT), if eligible
Protect your ability to remain in – or return to – Australia

Request a Visa Cancellation Consultation

Grounds and Types of Visa Cancellation

The Department of Home Affairs may cancel a visa for a range of reasons. Understanding the different grounds and how they are applied can help you decide on the best response.

Types of Visa Cancellation

Mandatory cancellation – occurs automatically when certain character or criminal record thresholds are met (for example, a prison sentence of 12 months or more, or convictions for serious offences).
Discretionary cancellation – the Department decides whether to cancel, usually after giving you an opportunity to explain your circumstances.
By operation of law – some visas cease automatically if specific events happen, such as the grant of another visa or a relationship breakdown for certain partner visas.

Common Reasons a Visa May Be Cancelled

Failing the character test (for example, criminal convictions or associations).
Providing false or misleading information or using fraudulent documents.
Breaching visa conditions, such as work, study, or travel limits.
No longer meeting the requirements for the visa that was granted.
Significant changes in your circumstances (e.g. relationship status, which was the basis of your visa).

Tip: If you receive a notice about cancellation, strict time limits usually apply. Getting legal advice quickly can make a real difference.

Your Rights and the Visa Cancellation Process

If you’ve received a notice about visa cancellation, you still have options, but strict deadlines apply, so it’s important to act quickly.

Notice of Intention to Consider Cancellation (NOIC): Explains why the Department may cancel your visa and invites you to respond.
Responding: You can submit evidence or explain why your visa should not be cancelled.
Mandatory cancellations: If your visa was cancelled automatically (for example, due to certain criminal convictions), you may request revocation, usually within 28 days.
Appeals: Some decisions can be reviewed by the Administrative Appeals Tribunal (AAT), but you must apply within a short time.
If cancellation is confirmed, you may have to leave Australia, and it can affect future visa options or family members’ visas.

How We Can Help

We provide support at every stage of the visa cancellation process. Our lawyers will:

Assess your situation and explain your options
Prepare a strong response to a Notice of Intention to Consider Cancellation (NOIC)
Draft and lodge applications for revocation or AAT review
Gather and present evidence, character references, and supporting documents
Represent you in interviews, hearings, and tribunal proceedings
Advise on future visa pathways after cancellation

Our Process

Book a consultation – discuss your situation with an experienced lawyer.
Case assessment – we review your cancellation notice and supporting material.
Tailored strategy – we prepare a clear plan for revocation, appeal, or other options.
Submission & representation – we manage paperwork, evidence, and hearings on your behalf.
Next steps – guidance on staying lawful in Australia or applying for future visas.

The Immigration Lawyers Difference

Expertise in Complex Cases

We are experienced immigration lawyers in complicated visa cancellations and challenging immigration laws with proven success.

Strategic Solutions

Personalised legal strategies tailored to your circumstances.

Clear, Compassionate Support

Guiding you every step of the way with understanding and care.

Strong Advocacy

Protecting your rights and working to keep you lawfully in Australia.

Transparent Pricing

Clear, upfront fees with no hidden costs.

FAQS

Can a visa be cancelled after approval?

Yes. Even after a visa is granted, the Department of Home Affairs can cancel it if mandatory or discretionary grounds are met, such as failing the character test or providing false information.

If my visa is cancelled, can I apply again?

Possibly. Depending on the reason for cancellation, you may be eligible to apply for another visa or seek revocation. Professional legal advice is essential to assess your options.

What is the difference between mandatory and discretionary cancellation?

Mandatory cancellations occur automatically when certain criteria are met (for example, serious criminal convictions). Discretionary cancellations allow the Department to consider your circumstances before deciding.

How long do I have to respond to a cancellation notice?

Timeframes are strict. For mandatory cancellations, revocation requests usually must be lodged within 28 days. Discretionary notices will specify the deadline to respond.

Can family members’ visas be affected if mine is cancelled?

Yes. In some cases, cancelling a primary visa can also impact dependent or family visas. Legal guidance can help minimise the impact.

What happens if I ignore a Notice of Intention to Consider Cancellation (NOIC)?

Failing to respond can lead to automatic cancellation without your side of the story being considered. Seeking legal advice promptly is critical.

Can I stay in Australia while my cancellation or revocation request is being considered?

In many cases, you may be able to remain lawfully while the Department or AAT considers your case. The rules depend on your visa type and the timing of your application.

Enquiry Form

If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

We answer all your immigration questions

Send your message through our Enquiry Form and we’ll respond within 24 hours. Or, if you prefer, you can email or directly call us.

After an initial discussion, we can organise a confidential consultation with our legal experts to discuss all of your immigration needs.

We can come to you, you can come to us, or we can have a video or phone conference – whatever works best for your situation.