Visa Refusals/Visa Cancellation
A Visa refusal take place due to the Department of Home Affairs in Australia or the Immigration Authorities don’t provide an applicant the right to enter or stay in Australia. There are many reasons why a visa might be refused, including:
- Failure to meet visa criteria: In Australia every visa subclass has different rules and requirements which you must follow, like such as age limits, English proficiency, work experience, educational qualifications, sponsorship conditions, and more. If an applicant fails to satisfy even one essential requirement, their visa application can be refused.
- Character issues: The character test is a critical part of every Australian visa application. If an applicant has a criminal record, past association with organised crime, or presents a security risk, their visa may be refused under Section 501 of the Migration Act 1958.
- Health-related concerns: As per the rules in Australia has very strict health policies which `makes all visa applicants to take care of the health care system and public health. If any applicant failed in a health examination or health check their visa get refused, especially if the applicant is considered likely to Place a significant burden on Australia’s health or community services, or pose a risk to public health, such as through communicable diseases.
- The main reason for visa refusal in Australia is providing incorrect, incomplete or false information at Immigration. The Department of Home Affairs can refuse a visa if it finds discrepancies in documents or notices that important facts were omitted or misrepresented, whether deliberately or not.
- Visa history: Your Visa history with your positive and negative outcome both impact a vital role in current and future visa assessments. A track record of visa breaches can significantly impact your credibility and lead to refusals.
Visa Cancellation in Australia: What It Means and Why It Happens
Visa cancellation is the process by which the Australian Government revokes a visa that has already been granted. This action can occur before entry, at the border, or while the person is living in Australia, depending on the circumstances. A visa cancellation can have serious consequences, including detention, removal from Australia, and restrictions on applying for future visas.
The Department of Home Affairs has the power to cancel visas under the Migration Act 1958, and such cancellations may be mandatory or discretionary depending on the grounds.
Common Grounds for Visa Cancellation
1. Non-Compliance with Visa Conditions
Every visa issued by Australia comes with a specific set of conditions that the holder must follow. Failure to meet these obligations can result in the visa being cancelled.
- Working without permission on a visitor or student visa.
- Not maintaining enrolment in a registered course as required under a student visa.
- Overstaying beyond the expiry of a visa without applying for another valid visa.
- Failing to notify the Department of changes in circumstances (e.g., address, employer).
Tip: It's essential to understand all conditions attached to your visa (usually listed under the visa grant notice) and comply with them strictly.
2. Criminal Conduct
The Australian Government places strong emphasis on community safety. If a visa holder is found to have committed criminal offences, their visa may be cancelled under Section 501 of the Migration Act, which deals with the character test.
- Being sentenced to 12 months or more imprisonment.
- Involvement in sexual, violent, or drug-related crimes.
- Being associated with gangs or organised criminal activity.
- Repeat minor offences that show a disregard for Australian laws.
Even criminal conduct overseas can impact your visa status in Australia.
3. False or Misleading Information / Fraud
Providing inaccurate or dishonest information during the visa application process is a major offence under immigration law. If the Department discovers fraud, forgery, or concealment of facts, they may cancel the visa immediately—even years after it was granted.
- Submitting fake documents (e.g., bank statements, work references).
- Hiding previous visa refusals or cancellations in other countries.
- Falsely claiming a de facto or spousal relationship for partner visas.
- Lying about employment or education qualifications.
How Bansal Lawyers Can Help
If your visa has been refused or cancelled, our experienced migration lawyers at Bansal Lawyers can help you understand your options and, where appropriate, challenge the decision. Our team can assist you in the following ways:
- Providing expert legal advice: We offer guidance on whether you are eligible for another visa or if other remedies are available under Australian immigration law.
- Reviewing visa refusal or cancellation decisions: Our team will carefully review the reasons for refusal or cancellation to ensure all factors are considered.
- Appealing a refusal or cancellation: We can help file an appeal with the Administrative Review Tribunal (ART) or represent you in court if necessary.
We Can't Solve.