Australian Government will usually notify you of their intention to consider cancelling your visa(if you are in Australia or immigration clearance) and will give you the chance to put forward reasons why your visa should not be cancelled.
The Minister has the power to refuse or cancel your visa if you do not pass Australian Government character test.
The Minister may cancel your visa if you:
You will have 28 days to make representations of why you think the decision to cancel your visa should be revoked. We will consider all the circumstances of your case before we respond.
In other cases where you appear to fail the character requirements, Australian Government will give you opportunity to put forward reasons your visa should not be cancelled before we cancel your visa.
If it involves you in paying for visa sponsorship, Australian Government might cancel your visaAll circumstances will be taken into consideration before making a decision. This will include:
Your visa may not be cancelled if your payments were due to threats or exploitation (human trafficking or slavery). You should give us all relevant information if that is the case.You will put forward reasons your visa should not be cancelled. You should include evidence showing:
Your student visa can be cancelled if you are no longer enrolled in a registered course.
On completion of the course, your enrolment ends even if this is earlier than the end date on your Confirmation of Enrolment.
Steps you must take after you on course completion depends on your enrolment arrangement.
If you complete the course for which your visa was granted, you will have 3 months to depart Australia or apply for another visa.Australian Government may cancel your visa in these situations:
They might also cancel your visa if you are non compliant with any other student visa conditions.
It is important to declare certain food, plant material and animal items from overseas as these items may:
The Minister has the power to cancel your visitor visa in immigration clearance
Your temporary visa can be cancelled by the Minister if you import objectionable goods and materials without having permission.Objectionable goods include material that describes, depicts, expresses or otherwise deals with matters of:
Cancellation of your visa might also bar you from making further visa applications or prevent you from being granted certain visas to travel to, enter or stay in Australia .
If you have had a visa refused or cancelled on character grounds since you last arrived in Australia, the only visa you can apply for is a Protection visa.
If you are removed from Australia on character grounds, you may have difficulty satisfying the character test when applying for another visa to re-enter Australia.
If you have a Criminal Justice Entry visa, or you stayed in Australia after Australian Government cancelled your Criminal Justice Entry visa, a Protection visa is the only option left for you to apply.
You can’t apply for a Protection visa again if, since you last entered Australia, they refused you a Protection visa.
An Application for another Protection visa can be made if the Minister decides it is in the public interest to let you submit a further application.
If you apply for another visa in Australia, you may be granted a Bridging Visa A (BVA).
On cessation of current visa, the bridging visa comes in to effect. Before that, it is required that you comply with the conditions of your current visa.
Cancelling your visa will cause your Bridging Visa A to cease at the same time.
If your current visa is cancelled, you will need to apply for is a Bridging Visa ERequest a Review
If Australian government refuse or cancel your visa, you might be able to request a review of cancellation decision.
Appeal cannot be made, however, if a decision was made by the minister personally.
The independent Administrative Appeals Tribunal (AAT) is responsible for reviewing departmental decisions including visa cancellation decisions.
Lodge your application by the date mentioned in your decision notification letter, if you seek a review by the AAT.