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 49 Accredited Specialists in Immigration Law as of January 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.
Our Clients' Testimonials
Their Stories …. but we call it Support Network
Navigating through the immigration landscape is difficult. Here are the stories of our clients who have been through the journey you’re about to embark with us.
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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.
What Our Clients Say About Us
Tony Wan
I just got the greatest news today, that my PR has been granted. For anyone out there who needs assistance, I recommend that you reach out to the team at AHC Lawyers. After my subclass 485 visa was refused, they guided me through every step of the process and were able to utilize their expertise to obtain support from the Department for my visa program. I am now an Australian permanent resident and I can now make plans for the future and enjoy my life in our new home country. AHC are the best lawyers in the business.
Mako Iino
My partner and I really thank the Agape Henry Crux team for being by our side at every step of my partner’s very complex visa application process. This is not something we can express only in words, but we wholeheartedly appreciate the ongoing support we’ve received throughout the process with inspiring professionalism.
Almost having given up staying in this country after years of uncertainty and difficulty in our life, I was very fortunate to stumble upon AHC and it was, to me, like seeing a ray of hope in complete darkness. To people who are reading my comment, I can tell you with my utmost confidence that their professionalism, including first consultation, detailed explanation of the process and relevant laws applicable to your case, meticulous document preparation, promptness, and ongoing communication before and after lodgment, is something you really get inspired by throughout the process, aside from their very successful end results. They really are great immigration lawyers, and I was right to have put 100% trust in them from the beginning. Without their professional advice and assistance, we would not be staying here today.
Once again, we thank you all AHC team who have handled our difficult case, and we will forever remember your inspirational commitment to helping many who are struggling with visa issues and making their Australian dreams come true.
Carwan Karim
The team at Agape Henry Crux were amazing in helping me get my permanent residency. Thank you team for organising everything in a way that took the stress off of what is normally a grueling process. You’ve helped me on multiple visas over the years and I will always recommend your services to anyone looking.
D
There are no words to describe how deeply appreciative I am of the Agape Henry Crux team, particularly Meryl and Angela who managed my challenging case (and Koko who has now left). The process of applying for my visa can become quite complicated and drawn out as mine was and I had additional requirements to meet due to my circumstances. After a long wait and many requests for more information from the Department, I finally received my visa.
I am so grateful to Agape and Team 3 and would highly recommend them to anyone who needs immigration support. Visa applications are generally stressful but I always felt assured after speaking with Meryl. The Agape team are really professional and have so much expertise. They are truly a group of people that you want fighting for you. Thanks team!
Munyaradzi Magomelo
I just got the greatest news today, that my partner and children’s visa have been granted and they can finally join me in Australia. For anyone out there who needs assistance, I recommend that you reach out to the team at AHC Lawyers. They guided me through every step of the process and were able to utilize their expertise to obtain support from the student visa in the subsequent entrant. I am a research student in Australia and now I can finally stay with my family and enjoy our lives together. AHC are the best lawyers in the business.
Eileen Araghi
“I needed urgent assistance with applying for a Bridging B visa whilst my Aged Parent visa processed so that I could travel overseas within 3 weeks. Tom and the entire team at AHC lawyers were very efficient in their service and my BVB was granted within 1 day after application, which put me at ease and now allows me to travel overseas on my planned holiday. Thanks to the entire AHC Team for all their help”
Amir P
It is with great honour to thank Jason, Meryl and the team at AHC Lawyers for being the real MVPs in my immigration journey! From the first chat to nailing the tribunal hearing, these guys handled my PIC 4020 bar like pros. They mixed legal smarts with some serious problem-solving skills and spot on technicality, lifting the bar and giving me major peace of mind. Big kudos for turning a potential disaster into a win! If you’re dealing with immigration hurdles, the team at AHC is the squad you need.
Gokce Haktanirlar
We have contacted Ko Ko Aung at AHC and he discussed clearly what is more suitable for my situation and we decided the right direction which was 820/801 visa. During the process he was always responsive, professional and open about every aspect of the application. Now 2.5 months after my application my 820 is already granted! 🙂 I can not thank you enough to Ko Ko and AHC for their services and professionalism. I highly recommend their services if you have complicated issues with the visas.