What May Happen to Your Visa While You're in Immigration Clearance?
Have you ever heard of someone arriving in Australia and having their visa cancelled at the airport during immigration clearance? Then, they may leave the country immediately or be held in detention for a couple of days and then deported to their home country. What are the consequences after that, and when can this individual enter Australia again?
What is Immigration Clearance?
Immigration clearance is the process that individuals undergo when arriving in Australia. This usually takes place at the airport or seaport. The process involves verifying your visa conditions and ensuring you meet all requirements to enter the country.
What May Happen to My Visa When I’m Going Through Immigration Clearance?
Being in immigration clearance typically means you are at the point of entry, and your immigration status is being assessed.
This may also mean that your visa can be cancelled if the immigration officer discovers issues with it before or during your entry, under section 128 of the Migration Act 1958 (Cth). This may also mean being refused entry into Australia.
If you are holding a bridging visa when you go through immigration clearance, you typically maintain your legal status, and you must follow the bridging visa conditions.
What are the Reasons for Cancelling my Visa at Immigration Clearance?
Some reasons for cancellation may include:
If you have provided false or misleading information in your application.
If your situation has changed since your visa was granted, this may include criminal activity or breaches of visa conditions.
If the immigration officer suspects that your stay in Australia is not temporary, you may not meet the genuine temporary entrant (GTE) requirements.
What happens if My Visa is cancelled and I wish to return to Australia?
If your visa is cancelled, it will be recorded in your immigration history, which may affect your future visa applications. Additionally, once you leave Australia with a cancelled visa, you may face a re-entry ban of 3 years with PIC 4013 and PIC 4014. If you wish to enter Australia before the 3-year ban, you may seek a waiver for the re-entry ban. Engage with a professional advisor with an Accredited Specialist in Immigration Law to know your options and strategise an alternative visa pathway depending on your circumstances.
How Can Agape Henry Crux Help You?
If you are in a similar situation at the airport, speak with one of our Accredited Specialists in Immigration Law. Our team of immigration lawyers and migration agents at Agape Henry Crux specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
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