Visa cancellations
Advice when a visa is being considered for cancellation, or has been cancelled.
OUR EXPERTISE
Cancellations
A cancellation starts with the power the Department is using. Some powers give a chance to respond first. Some are mandatory if the ground is made out.
A notice of intention to cancel
- The notice sets out the ground and the time to respond.
- The response has to meet that ground: the facts, the discretion, and the hardship, where the power allows discretion.
- A response that does not address the ground is of little use.
After a cancellation
- Some cancellations can be revoked. Some can be reviewed by the Administrative Review Tribunal. Some have no merits review.
- The power that was used decides which of those is open.
- A bridging visa, and the right to keep working or studying, depend on the cancellation and on the timing.
Time limits
- Strict time limits apply. They are set out in our FAQ on refusals, cancellations and appeals. Get advice before the date.
- The date on the notice is the date that matters.
- We advise on the response, on review, and on the status of the person while that is underway.
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READY TO START
Discuss a cancellation
If you have a notice or a cancellation decision, contact us with the date on it. The time limit is the first thing we check.