If your Australian Visa gets cancelled on character grounds, there are some IMMEDIATE as well as LONG TERM consequences.
# 1 DETENTION
If your visa is cancelled, you no longer hold a visa. This much sounds obvious, but the problem is, now they can keep you in immigration detention.
#2 CAN’T APPLY FOR ANOTHER VISA
While you are in Australia, you can’t apply for another visa (with some very narrow exceptions).
#3 MANDATORY VISA CANCELLATION
This isn’t really a consequence, but I’ll mention it here anyway. If you are in jail, and you also have a substantial criminal history, the Immigration Department must cancel your visa. In other situations they can decide to leave you alone and let you have your visa, but not in this one.
#4 CAN YOU EVEN COME BACK?
If your visa has been cancelled on character grounds, you may not be able to come back to Australia at all.
WHAT DOES THIS ALL MEAN?
You need to take action as soon as you find out that there is a possibility of visa cancellation. For example:
1. If you get notified that Immigration is thinking about cancelling your visa, make submissions as to why that should not happen
2. If your visa has been cancelled, you can ask for a merits review by the AAT.
3. If your scenario triggered a mandatory visa cancellation, you can ask for the cancellation to be revoked.
In either case, consider asking for professional help.
ABOUT US:
Oszkar Denes, principal lawyer of Denes Lawyers, is based in Australia. If you have any questions, contact Oszkar for help.
