Mandatory visa cancellations
Australia visa. Mandatory visa cancellations based on character grounds under s 501(3A) of the Migration Act.
Mandatory visa cancellation happens when you satisfy 2 requirements: you have a substantial criminal record (at some stage you were convicted to 12 months or more in jail) AND you are serving a full time prison sentence.
You need to be aware of 2 important things:
1. You won’t get advance warning. The first time you hear about this is when they send you a letter telling you that your Australian visa has been cancelled.
2. You can’t appeal your Australian visa cancellation. (This is different from discretionary visa cancellations where there is an appeal right.)
What can you do?
You have 28 days to request a revocation of your Australian visa cancellation. You have to write a letter to the Department of Home Affairs and provide reasons for requesting a revocation. Few examples:
1. You are not a dangerous criminal
2. Best interest of children
3. Ties to Australia
1. Australian visa cancellation revoked – happy days.
2. Decision not to revoke the cancellation. In this case, you have 9 days to appeal to the Administrative Appeals Tribunal. Unless the MInister personally made the decision not to revoke your visa cancellation – in which case there is no right of appeal.
CHECK OUT MY VIDEO ON VISA APPEALS HERE:
MY ARTICLE ON VISA APPEALS:
CONTACT DETAILS ONLINE:
email: [email protected]
22 Magnolia Drive
Brookwater QLD 4300
+61 (7) 3063 2268
Oszkar Denes is an immigration lawyer and registered migration agent practising in Queensland, Australia. Oszkar assists clients with Australia visa applications, as well as appeals and cancellation issues. Oszkar has been a lawyer for 10 years; he is an experienced advocate and a proactive negotiator.