Visa refusals & cancelations

IMPORTANT! We give the highest priority to all requests regarding visa cancellation. We recommend that you contact us as soon as possible if you have received a cancellation notification so we can assist you in managing to process as quickly as possible. If your visa is cancelled, and you do not have another valid visa, you will become an unlawful non-citizen and you will lose the right to stay in Australia.

Why visa refusals happen?

Refusal of a favourable decision to grant a visa may happen on a number of reasons. The most important refusal reasons are categorised bellow:

  • Breach of previous visa conditions;
  • Providing incomplete or insufficient evidence;
  • Failure to satisfy character or medical requirements;
  • PIC 4020 (providing fraudulent or false documents), including Section 109 of the Migration Act 1958 (Cth);
  • Work experience ineligibility;
  • English language ineligibility;
  • Applying for the wrong type of visa;
  • Financial incapacity;
  • Sponsor fails to meet the requirements;
  • Delayed Applications for onshore visa;
  • Genuineness of marital, spousal, de facto, same-sex relationship;
  • Genuineness of visitor/ student status;
  • Not responding to the requests of the Embassy or Immigration case officer, regarding additional documentation or information;
  • Failed interview.

Why visa cancellations happen?

Department of Immigration and Citizenship and Border Protection has the power to cancel any kind of visas including Permanent visas in various circumstances. The most important cancellation powers are categorised bellow:

  • Cancellation of a humanitarian visa, including based on Section 501 of the Migration Act 1958 (Cth);
  • Business visa cancellation, including based on Section 134 of the Migration Act 1958 (Cth);
  • Cancellation on grounds that presence of the holder in Australia is, or would be, a risk to the health safety or good order of the Australian community;
  • Cancellation on character or certain other public interest grounds, including based on Section 501 of the Migration Act 1958 (Cth);
  • PIC 4020 is not granted on basis of false or misleading information, including based on Section 109 of the Migration Act 1958 (Cth);
  • False or misleading information provided to the Department of Immigration and Citizenship and Border Protection when entering Australia on inbound passenger card;
  • Genuineness of marital, spousal, de facto, same-sex relationship;
  • Genuineness of visitor / student status;
  • False or misleading information provided when you entered Australia on your inbound passenger card;
  • Where the Department forms the view that your continued presence in Australia may prejudice the relationship between Australia and another country.
  • Cancellation for failure to comply with conditions and other grounds (General Grounds), including based on Section 116 of the Migration Act 1958 (Cth);
  • Cancellation of permanent business migration visas where visa holders fail to abide by the conditions of their visa, including based on Section 134 of the Migration Act 1958 (Cth);
  • Visa holder is offshore and no notice of intent to cancel is sent to the visa holder prior to cancellation, including based on Section 128 of the Migration Act 1958 (Cth);
  • Consequential Cancellation of dependent family members visas where the main visa holder’s visa is cancelled, including based on Section 140 of the Migration Act 1958 (Cth);
  • Cancellation of Regional sponsored employment visas where the holder fails to abide by the conditions of their visa, including based on Section 137Q of the Migration Act 1958 (Cth);
  • Sponsor fails to meet the requirements;
  • Breach of employer sponsorship undertakings or visa conditions and obligations;
  • Not responding or responding in timely manner to the requests of the Department of Immigration and Citizenship and Border Protection regarding additional documentation or information;
  • Change in your personal circumstances, such that the circumstances under which the visa was granted no longer exist (for example, if you are a holder of a Spouse Visa and your relationship breaks down).

What to do if Australian visa refused or canceled?

This page provides a summary information on March 2017. Australian immigration law is complex and it changes on a regular basis. If you have any additional questions or require further clarification, please, do not hesitate and contact me regarding this matter and, if appropriate, to arrange a mutually convenient time for an appointment.

Respectfully,

Viktor Ovcharenko MARN 0964258

+(61) 35222300 (GTM +10, working hours 08.00- 20.00)

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Migration Agents Registration NumberMember of Migration Institute of Australia