Received a Visa Cancellation Notice?
Our law firm only specialises in complex immigration matters. We take on cases that not many Australian lawyers prefer doing. Spearheaded by two (2) Accredited Specialists in Immigration Law.
Contact us if you have received the following:
- ● A Notice of Intention to Consider Cancellation (NOICC)
- ● A Natural Justice Letter - Requesting your comments on the information that may lead to a refusal of your visa application
- ● A Notice of Cancellation
Why Choose an Accredited Specialist in Immigration Law to Help You?
There are only 56 Accredited Specialists in Immigration Law as of November 2024 – Agape Henry Crux has not 1 but 2 Accredited Specialists.
They have obtained the highest recognition in their profession as assessed by the Law Society.
- ● Registered with the Office of the Migration Agents Registration Authority (OMARA);
- ● Must have practised law full-time for at least five years and;
- ● Worked in the area of legal specialty for at least three years (apart from passing the highly arduous assessments).
These Specialists have in depth experience to thoroughly understand the technical provisions and find innovative pathway for you.
You might need to seek their service(s) and need their strategic advice if you find yourself in a complex situation where no other migration agent or solicitor has a solution for you.
You might need to seek their service(s) and need their strategic advice if you find yourself in a complex situation where no other migration agent or solicitor has a solution for you.
What are Visa Cancellations?
There are around 15 types of Cancellation Powers which expands to over 60 grounds of cancellation.
Download our Visa Cancellation Table PDF that has been summarized down to only 2 pages. It provides a quick overview of:
- ● All the cancellation powers
- ● Time limits to respond to a NOICC
- ● Time limits to appeal a cancellation decision
What are the Popular Visa Cancellation Powers?
What is the Visa Cancellation Process?
Before your visa is cancelled, the Department is required by law to notify you in writing and provide you time to respond. Your response can include that you do not believe that there are grounds for cancellation. Alternatively, you may submit that the Department exercise their discretion not to cancel your visa, despite there being grounds to cancel your visa.
Visas Cancelled without a NOICC
Apart from the Minister’s personal cancellation powers, there are three (3) other cancellations that do not afford the ‘natural justice’ due process:
If your family member is in jail, their visas are subject to mandatory cancellation. They will have 28 days to seek a revocation of the visa cancellation.
If you are outside of Australia, the Department will cancel your visa without notice. You will have 28 days to apply for the cancellation to be revoked.
If your visa or your family member’s visa was cancelled, the dependent(s)’ visa(s) will automatically be cancelled by operation of law. There are 3 scenarios that may lead to this:
- Being a dependent of the main applicant;
- Being sponsored by a permanent resident whose PR was cancelled; and
- Born to a parent whose visa was cancelled.
Minster’s Personal Cancellation Powers
The Minister for Immigration may personally choose to step in to cancel a person’s visa. The cancellation powers provided to him are section 133A, section 133C, section 501(3), section 501A, section 501B, and section 501BA.
In most cases, natural justice does not apply, which means that you will not be provided with an opportunity to provide comments before action is taken to cancel your visa.
If you or your family member’s visa has been cancelled by the Minister personally, Call Us Immediately and Request an Urgent Session with the principal of our law firm.
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What Are Visa Refusals?
Before your visa application is refused, the Department is required by law to provide you an opportunity to comment. This is commonly referred to as a “Natural Justice Letter” or “Section 57 Request”.
Send us a copy of your natural justice letter and book a session to formulate strategies to prevent a visa refusal.
Send us a copy of your natural justice letter and book a session to formulate strategies to prevent a visa refusal.
Time limits to respond to a natural Justice Letter
Time limits to appeal a refusal decision
What are the Popular Visa Refusals?
What are the Consequences of a Visa Refusal?
Immigration Detention and Deportation
Depending on what cancellation power was used or the reason for visa refusal, the consequences may include:
- ● If you are refused a visa in Australia, you will be section 48 barred which prevents you from applying for another visa whilst physically in Australia.
- ● All other visas held or pending applications are refused by the operation of law.
- ● You will no longer be eligible for most temporary visas in Australia and other countries (eg. UK, USA, NZ, Canada, etc).
- ● Being unlawful and subject to immigration detention.
- ● If you miss certain deadlines whilst in immigration detention, your removal from Australia will be arranged and you may be barred for 1 year or permanently barred (with no waiver).
- ● If you are cancelled on Character, you may be sent off to Christmas Island Detention Centre.
What are Visa Appeals?
There are several forums available to appeal an unfavourable decision. Email and Let us know to find out which forum is available to you. During our consultation session, we will guide you to weigh the pros & cons of each forum of appeal.
What are the Methods of Appealing a Decision?
- 1. Vacating the Department’s refusal/cancellation decision and compelling that they re-open a refusal, assigning to a new case officer.
- 2. Merits review – Administrative Appeals Tribunal
- 3. Federal Circuit And Family Court Of Australia
- 4. Federal Court of Australia
- 5. Full Federal Court of Australia
- 6. High Court of Australia
- 7. Ombudsman
- 8. Ministerial Intervention Unit
Join one of our Accredited Specialists in Immigration Law in a consultation on providing professional winning strategies and the science behind preparing tactical submissions.
Angela graduated with a Bachelor of Laws (honors) and a Bachelor of Arts (Psychology & Anthropology). She has worked for global firms and is a leader in one of the top 4 professional services firms.
Specializes in the provision of immigration advice, strategy and compliance for corporate clients. Managing the visa populations for these clients goes beyond the procurement of a visa and requires forethought on the intersections of immigration law with the commercial realities of the client. Her experience in this space involves obtaining bulk subclass 400 and subclass 482 visas within short timeframes to meet client project demands, auditing visa programs to identify weaknesses/areas of risk, visa strategies for accompanying family members and assistance with advice and action in response to Departmental monitoring requests for sponsors.
In 2020, Angela undertook and passed the Specialist Accreditation examination with the NSW Law Society.
Specializes in the provision of immigration advice, strategy and compliance for corporate clients. Managing the visa populations for these clients goes beyond the procurement of a visa and requires forethought on the intersections of immigration law with the commercial realities of the client. Her experience in this space involves obtaining bulk subclass 400 and subclass 482 visas within short timeframes to meet client project demands, auditing visa programs to identify weaknesses/areas of risk, visa strategies for accompanying family members and assistance with advice and action in response to Departmental monitoring requests for sponsors.
In 2020, Angela undertook and passed the Specialist Accreditation examination with the NSW Law Society.