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There are number of different grounds to cancel a protection visa, including:
Any non-compliance with Migration Law requirements to give the Department correct information and genuine documents, whether in a Protection visa application or passenger card.
Where the visa was temporary and below circumstances occur
Your Protection visa may be cancelled if the Department has concerns about your character. If you have been convicted and sentenced to imprisonment for longer than a year, your visa will be subject to mandatory cancellation.
Cancellation of a Protection visa is a serious matter and can have significant consequences for the individual affected. When a Protection visa is cancelled, it means the individual is at risk of losing their refugee status and the protection they were granted. The consequences can be far-reaching and may include:
Navigating the complexities of visa cancellations can be daunting. This section provides an overview of the process, all the way through to the filing of submissions and the determination of your application. We emphasise the importance of representation throughout the process to ensure your interests are protected. Our experienced team offers dedicated support, ensuring that every client is well-informed and prepared for every stage of their visa journey. Our process includes the following steps:
If your Australian Protection visa gets annulled, it's pivotal to initially grasp the reasons behind the cancellation. Gather comprehensive information from the authorities about the grounds, as this will empower you to make well-informed choices regarding your next steps. It is strongly recommended to seek advice from a certified migration agent or an immigration attorney. They can offer expert guidance, clarify your rights, and help you ascertain whether there are grounds to challenge the cancellation.
It's important to note that you might have the opportunity to contest their decision through the Administrative Appeals Tribunal (AAT) for a merits review or pursue judicial review through the court system. These avenues can provide a platform to dispute the visa cancellation and have your case reexamined. If considering an appeal, ensure strict adherence to the specified time limits and submit any necessary supporting documentation or evidence to fortify your case.
To avoid getting your Protection visa cancelled, you should:
It is highly advantageous to seek legal advice from an immigration lawyer when facing a protection visa cancellation as they are experts in this area. Australian Migration Lawyers, boasting a team of seasoned and highly trained legal professionals.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most frequently asked questions:
Yes, a Protection visa can be cancelled if there is a significant change in circumstances. If, for instance, you voluntarily return to and re-establish yourself in the country you sought protection from, or if the conditions in your home country improve to the point where you no longer face a well-founded fear of persecution, the Australian government may cancel your Protection visa.
If your Protection Visa is cancelled due to unintentional provision of incorrect information, it's important to consult with an immigration lawyer or a registered migration agent. Depending on the circumstances and the extent of the error, you may have the option to appeal the cancellation decision. Accurate and timely communication of the error, along with supporting evidence, can be crucial in such situations.