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There is nothing as stressful and traumatizing as been served with a notice of intention to consider cancellation or having your substantive visa cancelled. Once your visa is cancelled, you will lose the working rights attached to your visa. The migration office grant you a bridging visa that allows you to remain in the country lawfully for a short duration. Sometimes they also bar you from further visa applications in Australia. Once you leave the country, a three year ban is enforced which can only be waived on compelling and compassionate grounds whereby you will be granted another visa within the period of the ban.
One has to be careful to ensure that the cancellation has been properly made and in case you have a chance in succeeding should the decision be appealed. Seeking help from our immigration lawyers and a well-prepared application for work rights may allow you to continue working as you wait for the hearing of your appeal. Most of the time the waiting period process is usually lengthy. Our experienced lawyers at A1 Migration and Visa Solutions can help you win and grant you another chance to stay lawfully in Australia.
Procedures in Visa Cancellation

  • i. The migration department can automatically cancel your visa without any notice in limited circumstances such as committing sexual offences against a child, serving an imprisonment sentence, accumulated substantial criminal record among many others.
  • ii. In certain cases, the migration department may issue a notice of intention to consider cancellation (NOICC) whereby you have to respond within a certain period giving reasons why your visa should not be cancelled. The NOICC gives you an opportunity to provide a response prior to your visa cancellation. The response has to be strategic. With the help of our experts, and considering all circumstances, we are able to help you draft a response that will result to a positive outcome.

The department takes into account the time spent in Australia, the migration history, any criminal records, any risks you may pose to the Australian community, your contribution to the Australian community and in case you provided the right information in previous visa applications.
This follow up process in case of a visa cancellation is often hectic but with A1 Migration Visa Solution by your side, we get to ease the burden for you with our team of experts.

General Cancellation Powers available

  • Section 109 – Providing incorrect information or false documents
  • Section 116 – Breaching visa conditions and posing health risks
  • Section 128 – Cancellation without notice when the holder is outside Australia.
  • Section 501 – Cancellation on character grounds.
  • Section 501(3A) - Mandatory cancellation when the holder is serving imprisonment for grievous mistakes such as sexual offences involving a child.

An Australian visa may also be cancelled in such circumstances;

  • Automatic cancellation of student visa
  • Business visa cancellation
  • Emergency cancellation based on security reasons
  • Cancellation of regional sponsored employment visas

You do not have to go through the stress and traumatizing experience alone, reach us today and we will walk with you through it.