What are the Time Limitations for Visa Cancellation Responses?
For individuals living in Australia who received a Notice of Intention to Consider Cancellation (NOICC) or a visa cancellation due to criminal activities or breach of conditions, you must understand that you only have a specific timeframe to respond to the Department of Home Affairs (DoHA) or to appeal the decision to the Administrative Review Tribunal (ART) or the Federal Court of Australia (FCA). We have put together a handy guide for the time limits depending on the type of cancellation and the visa involved.
What are the time limits to respond to each Visa Cancellation Power?
Section 109 is a cancellation power of permanent and temporary visas due to incorrect information and bogus documents.
Time limit to respond to NOICC
14 calendar days for cancelling a permanent visa.
No prescribed period for a temporary visa.
Time limit to appeal
7 working days for most visas.
28 days for humanitarian visas.
Section 116 cancellation power for permanent and temporary visas. There are 39 grounds under this cancellation power.
Time limit to respond to NOICC
5 working days.
Unless at the airport, then 10 minutes may be deemed a reasonable time to respond.
Time limit to appeal
7 working days for most visas.
28 days for humanitarian visa.
Section 128 is a cancellation power to cancel a visa for visa holders outside of Australia.
You can request to revoke the cancellation within 28 days of the decision.
No merits review to appeal the decision.
Sections 133A and 133C are cancellation powers that can only be exercised by the Minister for Immigration. The minister can personally cancel a visa on section 1109 and section 116 grounds.
The time limit to respond to NOICC is 28 days if the Minister requests more information.
Time limit to appeal
No merits review.
You can request to revoke the cancellation within 28 days of the decision.
Section 134 is a cancellation power specifically for business visas.
Time limit to respond to NOICC
28 days if notice is given in Australia
70 days if notice is given outside of Australia
The time limit to appeal is 28 days
Section 134B is an emergency cancellation power on security grounds.
Time limit to appeal
No merits review.
You can request to revoke the cancellation within 28 days of the decision.
Section 137Q is a cancellation power specifically of the Regional Sponsored Migration Scheme (RSMS) (Subclass 187) visa (permanent).
Time limit to respond to NOICC
28 days if notice is given in Australia
70 days if notice is given outside of Australia
7-day time limit to appeal
Section 137T is a consequential cancellation power on family members of the Regional Sponsored Migration Scheme (RSMS) (Subclass 187) visa (permanent), which has no merits that can be appealed.
Section 501 – Character cancellation
28 days to respond to NOICC
9 days to appeal
Section 501(3) is the cancellation power of Character (Minister Personal Powers). You can request to revoke the cancellation within 7 days of the decision.
Section 501(3A) - Mandatory Cancellation (Character)
28 days to request to revoke cancellation; or
9 days to appeal to ART
Section 501A – Minister Personally Set Aside
The time limit for responding to NOICC is 28 days. But if the visa is cancelled without natural justice, you can request to revoke the cancellation within 7 days of the decision.
There is no merit review available. However, you can appeal to the Federal Court of Australia within 35 days of the decision.
Section 501B and Section 501BA cancellation powers do not have merit review available; however, you can appeal to the Federal Court of Australia within 35 days of the decision.
Related:
What Should You Consider When Responding to a Notice of Intention to Consider Cancellation (NOICC)?
What Happens If You Do Not Appeal Your Visa Refusal or Cancellation?
How Can Agape Henry Crux Help
Contact Agape Henry Crux and organise a time with one of our Accredited Specialists in Immigration Law for tailored advice and to represent your complex visa cancellation matter. The team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
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.
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