Can I Apply Again if My Visa is Cancelled?

You have many things left to face since the cancellation of your Australian visa. Potential to get a new visa after cancellation is also something that may be worrying you, as is the possibility of an indefinite ban from Australia. Cancelling your visa is a big deal, but there are some situations when you can reapply. Your ability to win depends greatly on why the concert was cancelled.

An Overview of Visa Cancellations in Australia

The Migration Act 1958 grants the Department of Home Affairs the authority to revoke visas. Cancellation results in potential detention followed by removal from Australian territory. The occurrence of a cancellation event might result in a temporary or permanent prohibition against your return.

Reasons Why Your Visa May Get Cancelled

The Australian government has numerous grounds for cancelling your visa during your stay in the country or upon attempted entry. Understanding the typical reasons for visa cancellation that threaten your status is crucial.

The Department of Home Affairs could cancel your Australian visa for breaches of visa conditions, failing character tests, providing false information in your Australian student visa application, altering your enrolment to another provider for study purposes, biosecurity hazards, or importing restricted items. 

Cancelling your visa could result in serious consequences, such as deportation from Australia and being barred from returning for a set period of time (or forever in extreme cases)! While on the premises, please do nothing to compromise your booking.

Non-Compliance with Visa Conditions

Each visa type has specific conditions you must adhere to during its validity period. Failure to maintain study activities while on a student visa results in a condition violation, which may lead to visa cancellation.

Failure to Meet Character Requirements

Applicants must satisfy character standards. Individuals with lengthy criminal histories or ties to organisations may face visa cancellation as a result of character assessments. Authorities might take into account even minor offences such as drunk driving.

Providing False or Bogus Information

The act of lying on your visa application by not disclosing convictions or submitting fake documents constitutes immediate grounds for cancellation.

Changes to Your Studies

Students must maintain full-time enrollment in their sanctioned program. Engaging in unauthorised modifications, such as altering courses or providers, may result in cancellation.

Breach Related to Biosecurity

The introduction of restricted goods into Australia, such as specific foods, animals, biological products, and wooden items, may result in visa cancellation.

Unpermitted Import of ‘Objectionable’ Goods

The attempt to import weapons, illegal pornography, medications, or illicit drugs leads to visa cancellation and potential criminal charges.

‘If My Visa is Cancelled, Can I Apply Again?’

The potential to submit a new visa application following the cancellation of your current Australian visa relies heavily upon the particular reasons for which the cancellation occurred.

When your visa faces cancellation due to minor breaches like unintentional short-term overstays, you can apply for a new visa after the exclusion period ends. The probability of obtaining visa approval remains diminished compared to your first application attempt.

If your visa is cancelled for serious character-related reasons, such as a substantial criminal record or links to organised crime, your prospects for future Australian visa approval become extremely limited.

Exclusion periods following character-based visa cancellations frequently span 3 years minimum (for standard character failures) or extend to permanent bans for serious criminal records, during which you remain ineligible to apply for both temporary and permanent visas.

Upon completion of your exclusion period, you must present substantial proof to justify your request for another opportunity while satisfying Australia’s character standards.

The Department of Home Affairs states that obtaining an Australian visa becomes highly challenging for individuals who have had previous visas cancelled due to character issues or criminal records. Engaging a seasoned immigration lawyer is essential to examining your available options.

Appealing a Cancelled Visa

The majority of cases grant you the opportunity to contest your Australian visa cancellation before the Administrative Review Tribunal (ART) (formerly known as the Administrative Appeals Tribunal or AAT, which ceased operations on 13 October 2024).

Appeals with the ART is subject to immediate deadlines for filing. The deadline for each depends on your situation and visa type: 

Character-related cancellations (Section 501): 9 days from being told the visa may be cancelled 

Cancellations of protection visas in detention: 14 days from the date of the decision. 

Cancellations of protection visas out of detention: 28 days from the date of the decision. 

General visa cancellations (subsection 116): 28 days from being told.

 Important Note: The deadlines cannot be extended. Failure to meet the deadline waives your right of appeal. Using other complex legal tactics, a skilled immigration attorney helps you provide convincing evidence to substantiate the claim that your cancellation was unreasonable or unwarranted.

There exist certain situations where the Department might annul its initial cancellation decision before your ART appeal hearing. A “section 137L” revocation request identifies this action for general cancellations. For mandatory character cancellations under Section 501(3A), a “section 501CA” revocation request allows the Minister discretion to reverse the decision within 28-35 days of notification.

Meeting ART deadlines when lodging cancellation appeals is essential. Failing to meet the deadline results in potential forfeiture of your appeal rights.

The moment you receive a cancellation notice is the critical time to contact an expert immigration attorney to increase your appeal’s success probability. Experts offer guidance on your appeal’s strengths and subsequent actions.

With expert legal assistance, you can reverse your visa cancellation by navigating the appeals process. The ART typically processes cancellation appeals within timeframes ranging from several months to over 1-2 years, depending on case complexity. The ART application fee is A$3,580 (50% refunded if your appeal is successful for non-protection visas; protection visa appeals are free).

While appealing, you will usually be granted a Bridging Visa that allows you to remain lawfully in Australia. However, if your appeal is unsuccessful, your bridging visa ceases 28-35 days after the ART decision, and you must depart Australia or pursue further judicial review.

If the ART upholds the cancellation (affirms the decision), you have one final option: judicial review in the Federal Circuit and Family Court. You must lodge within 35 days and demonstrate a “jurisdictional error” (legal mistake), not merely a disagreement with the decision. This path is expensive and has low success rates.

Seeking Legal Advice from Visa Cancellation Lawyers

The cancellation of your Australian visa creates major disruptions in your life situation, particularly when you hold temporary or permanent residency status. Severe cases can result in individuals being detained and then expelled from Australia.

Upon receipt of a visa cancellation notice, it is essential to seek expert guidance from an accomplished immigration lawyer. A seasoned legal professional comprehends intricate judicial procedures and offers advice on every possible avenue to reverse the cancellation ruling.

An expert cancellation attorney can assist in several critical areas, including:

• Assessing your prospects for a successful appeal
• Helping meet urgent appeal deadlines (9-28 days, depending on your situation)
• Compiling persuasive arguments and evidence to challenge the cancellation
• Submitting a revocation request (Section 137L or 501CA) before appeal if applicable
• Developing alternative strategies if the appeal prospects are low
• Negotiating with the Department of Home Affairs on your behalf
• Explaining your re-entry ban period and future visa prospects
• Limiting any adverse consequences of the cancellation

Securing the services of premier visa cancellation attorneys, such as those at Parish Patience, maximises your chances of retaining Australian visa benefits. The intricate understanding of cancellation laws, combined with appeals procedures and ART processes, creates a decisive advantage.

Initiate the process to secure your consultation appointment now!