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What are the consequences of a cancelled Australian student visa?

Australian Migration Lawyer
February 11, 2024
8
minute read

Receiving a Student visa (subclass 500) cancellation can be a stressful and overwhelming experience for international students studying in Australia. The first step to approaching this situation is to understand the reasons why your student visa may be cancelled, the potential consequences of such a cancellation and the options that may be available to you if you wish to remain in Australia following your visa cancellation.

Reasons for student visa cancellation

Some common reasons for Australian student visa cancellations include:

  • Non-compliance with visa conditions
  • Providing false information in your student visa application
  • Failing to notify the Department of a change in your circumstances
  • Failing to rectify incorrect answers
  • Providing inaccurate statements in response to a visa cancellation notice
  • Changing courses or no longer being enrolled in a registered course (student visa)
  • Confirmation Of Enrolment (CoE) cancellation
  • Failing to meet the character requirements
  • Paying for Visa Sponsorship
  • Biosecurity contraventions

What are the consequences of a cancelled Australian student visa?

The consequences of having an Australian student visa cancelled can be profound. First, if your visa is cancelled whilst you are in Australia you will be declared unlawful non-citizen and given 28 days to leave Australia, leading to a disruption of your academic plans and future in Australia.

In extreme circumstances, a cancelled visa may result in a potential permanent ban from re-entering Australia. 

Alternatively, you may be subject to an exclusion period which prohibits you from applying for another Australian visa for up for three years.  

Experiencing visa cancellation not only threatens to take away the life you have built for yourself in Australia, but also has far-reaching financial consequences as students may incur losses related to tuition fees, accommodation, and other expenses. The uncertainty associated with navigating a student visa cancellation can be distressing, therefore we recommend consulting with a migration lawyer to understand your options.

Notification and process of visa cancellation

When a student visa is at risk of cancellation, the Department of Home Affairs (DoHA) will provide you with a Notice of Intent to Consider Cancellation (NOICC) outlining the reasons for potential cancellation and providing an opportunity to respond. 

Upon receiving a NOICC, it is advised that you seek immediate legal assistance to ensure you are aware of the steps which need to be taken to navigate this situation effectively. A migration lawyer will be able to assist you in crafting a prompt and detailed response to your NOICC within the specified period, ensuring that you have submitted any relevant supporting evidence or documentation, and effectively addressed the reasons outlined in the NOICC.

DoHA will examine the responses and evidence provided by the visa holder to determine the appropriateness and adequacy of the information in addressing the reasons stated in the NOICC. Based on the results of this evaluation DoHA will either proceed with the visa cancellation and issue you with a formal notification of visa cancellation or alternatively, accept your response allowing you to retain a valid student visa.

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If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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Actions to take after visa cancellation

Upon receiving notification of visa cancellation, individuals have various options depending on the grounds on which your visa was cancelled.

If your visa was cancelled because you did not comply with visa condition 8202:

Condition 8202 requires students to remain enrolled in their registered course and not change courses or universities without notifying the department that issues them the visa, you may be entitled to seek a review of the decision through the Administrative Appeals Tribunal (AAT). If you opt for a review, taking prompt action is essential due to strict time constraints. It is strongly advised that you engage a migration lawyer to maximize your chances of success. At AML, we have successfully appealed many cases to the AAT having provided crucial support in understanding legal complexities,  preparing a strong case, and ensuring that all necessary documentation is in order.

If your visa was cancelled on other non-character grounds:

You may be able to apply for another visa whilst you are in Australia. However, you are not eligible for any other visa options you will be required to depart the country and assess your alternatives from overseas.

If your visa was cancelled on character grounds:

If your student visa is revoked due to a failure to meet the character test while you are in Australia, you cannot apply for another visa whilst you remain in Australia. Even upon leaving Australia, your eligibility for a subsequent visa is restricted to those not subject to Special Return Criteria (SRC) 5001. To re-enter Australia, you must either secure a visa without SRC 5001 as a requirement or receive a personal grant of a permanent visa from the Minister.

The cancellation of an Australian student visa is a significant challenge that can have far-reaching consequences for international students. Understanding the reasons behind visa cancellations, the associated consequences, and the processes involved is vital. Navigating this complex terrain requires timely and informed decision-making. 

If you find yourself in this situation, seeking legal assistance from Australian Migration Lawyers can be instrumental in exploring potential solutions and mitigating the impact of visa cancellations. 

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