The Department must notify you that it is considering cancelling your visa, and it must then consider your response expired before cancelling your visa. Time limits apply – if you do not respond within the period allowed you will lose your opportunity to make submissions. You must contact one of our experienced immigration lawyers as soon as you become aware that the Department is thinking about cancelling your visa.
As a first step, you should carefully read through the visa cancellation notice received from the Department and take note of important information such as the reason/s for the cancellation, whether you are entitled to have the decision reviewed by the Administrative Appeals Tribunal (AAT) and if so, the time-limit for applying for the review.
Next, you need to confirm your current visa status as a result of the cancellation. If you are in Australia at the time of the cancellation, it is vital that you are a lawful non-citizen to avoid any further issues or complications arising. If this is not the case, as a matter of urgency, you must take steps to regularise your visa status so that you are not unlawful..
If you proceed with a review of your case, you must ensure that you apply for the review within the strict deadlines which apply. If you incorrectly apply, or you leave it too late and miss the deadline, you will lose your opportunity to have the decision reviewed in most instances.
Australia’s migrations laws are complex, and each case is different. We recommend that you seek professional advice if you are affected by a visa cancellation, as being fully informed will give you the best chance of achieving a successful resolution to your case.