Visa Cancellation Advice
A cancellation notice is stressful and time-sensitive. The right response, made early, can change the outcome. We help you understand the notice, respond properly and plan your next step.
A visa can be cancelled for several reasons, and the department usually gives you a notice and a short time to respond. What you say in that response, and the evidence you provide, can decide the outcome. We help you understand the notice, respond within the time limit and, where relevant, plan any review that follows.
- Starts withA notice from the department
- ResponseShort time limit
- KeyYour reply and evidence
- AfterPossible review rights
Discretionary and mandatory cancellation
| Discretionary cancellation | Mandatory cancellation | |
|---|---|---|
| What it means | The department has a power to cancel and must decide whether to use it in your case. | The law requires cancellation once specific grounds are met, with limited room for discretion at that stage. |
| Typical examples | Breach of a visa condition, or incorrect information given to the department. | Certain character-related grounds, such as a substantial criminal record. |
| Notice | Usually a NOICC, with a chance to respond before a decision. | Cancellation may occur first, with an opportunity to ask for it to be revoked afterwards. |
| Your response | Show that the ground is not made out, or that cancellation is not warranted. | Ask for the cancellation to be revoked, with strong evidence and submissions. |
| Review | Often reviewable by the ART, but depends on the decision. | Depends on the decision. Seek advice immediately, as time limits are strict. |
Overview
The department can cancel a visa in several situations, and the way it must act, and the way you can respond, depends on which power is being used.
- Cancellation is often preceded by a notice of intention to consider cancellation (NOICC), which gives you a chance to respond before a decision is made.
- A cancellation can affect your right to stay, your work rights and your future visa applications, so early advice can change the outcome.
- The notice sets out the grounds and the deadline for responding. That deadline is short, so act as soon as you receive it.
Who this suits
People who have received a notice of intention to consider cancellation
Visa holders whose visa has been cancelled and who want to know their options
Employers and families affected by a visa holder’s cancellation
Key facts
- Cancellation can be discretionary or mandatory, and the response differs. Mandatory cancellation applies only on specific grounds set by law.
- A Bridging Visa A ceases when the visa it relates to is cancelled, so your lawful status can change quickly.
- Depending on the decision, review options may include the ART or judicial review, and not every cancellation can be reviewed.
- Deadlines are short and stated in the notice or decision letter. Missing one can remove important options.
When this applies
- You have received a NOICC or a notice that your visa has been cancelled.
- The department believes you breached a visa condition, such as work or study conditions.
- The department believes incorrect or misleading information was given in a visa application or to the department.
- Character grounds are raised, for example because of criminal convictions or other conduct, where the consequences can be very serious.
What the department looks at
- Whether the legal ground for cancellation is made out on the evidence, such as a breached condition or incorrect information.
- For discretionary cancellation, whether cancellation is appropriate even if a ground exists, taking your circumstances into account.
- The seriousness and circumstances of any breach, including whether it was deliberate, accidental or caused by someone else’s advice.
- Your length of stay, family and community ties, and your compliance history.
- For character-based cancellation, the nature of the conduct, the risk to the community and the interests of any children affected.
What to prepare
- The notice, the visa grant letter, and all earlier correspondence with the department.
- Evidence that answers the specific ground, such as pay records, enrolment or attendance records, or documents showing the facts were different.
- Evidence of your circumstances, including family, employment, study, health and community ties.
- A clear, truthful statement from you explaining what happened, consistent with the documents.
- For character matters, court documents, sentencing remarks and evidence of rehabilitation, where relevant.
What can happen next
- The department may decide not to cancel the visa, in which case it generally continues, sometimes with a warning or conditions.
- The department may cancel the visa. Your status then depends on your circumstances and any bridging visa you hold or are granted, and you may need to act quickly.
- Depending on the type of cancellation, you may be able to seek review at the ART or, on a point of law, judicial review. Time limits are strict.
- For some mandatory cancellations, the route is a request to revoke the cancellation rather than ordinary review.
- Ministerial Intervention may be a last resort where other options are exhausted, but it is discretionary and cannot be assumed.
How the process works
- 01Read the notice carefully and note the grounds and the deadline for responding.
- 02We work out which cancellation power is being used, because this decides your rights and the response.
- 03You gather evidence, and we prepare a response that addresses each ground and sets out why the visa should not be cancelled.
- 04The department considers your response and decides whether to cancel the visa.
- 05If the visa is cancelled, we check your status, any bridging visa, and whether review is available, and we act within the stated time limit.
How we help
- Explain the notice and the deadline for responding, and identify the power being used.
- Prepare a well-evidenced response that addresses each ground.
- Advise on review options and on staying lawful in the meantime.
- Represent you in dealings with the department and in any review.
- Be candid about risk, and consider alternatives such as a new visa application where appropriate.
Common pitfalls
- Ignoring or missing the response deadline.
- Responding without evidence, or with a statement that conflicts with the documents.
- Not realising the effect on bridging visas and lawful status.
- Assuming a response is unnecessary because you believe the allegation is wrong.
- Departing or making a new application without advice, which can affect later options.
Frequently asked questions
What should I do first?
Check the deadline in the notice and contact us at once. The response time is short and is stated in the notice, so do not wait. An early, evidence-based response gives you the best chance of being heard properly.
Can the decision be reviewed?
In many cases yes, but it depends on the type of cancellation and the decision made. Review options may include the ART or judicial review, each with its own short time limit. We confirm which option applies to you.
What is the difference between discretionary and mandatory cancellation?
Discretionary cancellation lets the decision maker weigh your circumstances, while mandatory cancellation applies when specific legal grounds are met, and the response differs. Reading the notice carefully is the first step, and we explain which type you face and what it means.
What happens to my bridging visa if my visa is cancelled?
A Bridging Visa A ceases when the visa it relates to is cancelled, which can affect your lawful status quickly. Do not assume you can stay. We advise on your position and on staying lawful in the meantime.
What should my response to the notice include?
A good response explains your circumstances and is supported by evidence, such as documents addressing the grounds in the notice. A response without evidence is much less persuasive. We prepare it with you and make sure it meets the deadline.
What if I miss the deadline or ignore the notice?
Ignoring a notice can lead to a decision being made without your input, and missed deadlines are often difficult or impossible to fix. If the deadline has already passed, contact us straight away so we can look at what options may still exist.