Visa Cancellation | How To Prevent & Avoid

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How to prevent visa cancellation under section 109

How to prevent & avoid visa cancellation?

There are a number of ways to prevent & avoid visa cancellation as the Minister has a wide range of discretionary cancellation powers.

This article will show you how to prevent & avoid visa cancellation under section 109 of the Migration Act 1958 (click here to learn more). The Minister is provided with the discretionary power to cancel a visa if you gave incorrect information in your visa application. If your visa is cancelled you may be detained in an immigration detention center (click here to learn how you may be able to get out of immigration detention center or bridging visas).

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Giving of wrong or incorrect answers when completing visa application

Giving or providing incorrect information

  1. When completing visa application, you must not give any incorrect answers. Similarly, you should never leave a question unanswered if an answer is required.
  2. When completing an Incoming Passenger Card at an airport, you must not give incorrect answers or leaving a question unanswered if an answer is required.
  3. You or your migration agent or immigration lawyer must not give or provide to the Department of Immigration (Department of Home Affairs) bogus or fake document.
  4. If your circumstances have changed to an extend that an answer you have previously provided in your visa application, for example, you applied as a dependent or secondary visa applicant, and you are the partner (spouse or de facto partner) and your relationship has ceased, you must notify the Department of Immigration that you are no longer the partner of the main visa holder.
  5. As soon as you become aware that an answer you have given or provided in your visa application or incoming passenger card or when notifying the Department of the change in your circumstances or when responding to the Department’s request for more information or comment, is incorrect or false, you must notify the Department in writing to correct the incorrect answer.
  6. You must comply with your visa conditions as non-compliance is also a ground for visa cancellation. It does not matter if you knowingly or unknowingly did not comply with your visa conditions. You must make full-disclosure of your non-compliance to the Department. The Department cannot cancel your visa if you have made full-disclosure, however, your visa may be cancelled under other powers, for example, section 116 General Powers.

Before the Department cancel your visa because you have given incorrect answer, you will receive a notice of intention to consider cancellation of your visa. You should consider engaging the professional assistance of an immigration lawyer who can prevent & avoid your visa cancellation (click here to learn more about bridging visas).

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Visa Cancellation can be challenged at the AAT

Visa cancellation because of giving of incorrect answer can be challenged at the AAT. If you win at the AAT, your visa is taken never to have been cancelled.

If your visa is cancelled under section 501(3A) while you are serving a jail sentence and because you have a substantial criminal history, click here to find out how to make a section 501CA revocation of visa cancellation request. Temporary visa can also be cancelled under section 116(1)(e)(i) if the Minister believes that you are or may be, or would be, a risk to the health, safety or good order of the Australian community or a segment of the Australian community (click here to learn more).

You should note that if your visa application has been refused or your visa cancelled while you are in Australia, you may be prevented from lodging another visa application (click here to learn more about section 48 bar and visa application limitations).

If your visa has been cancelled, you may be prevented for 3 years from applying for another visa (click here to learn more).

Your visa, including permanent residence visa can also be cancelled under section 109 if you have provided incorrect information in a visa application (click here to learn more).

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) regarding your visa (click here to learn how an immigration lawyer or registered migration agent can do for you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.

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Immigration lawyer provide free migration advice 041 222 4020 or WeChat: AUDvisa

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.

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