Visa Cancelled While Offshore? Your Options May be Limited
You just received a visa cancellation while you are outside of Australia. You must be stressed and confused, wondering why your visa was cancelled and what you can do next to revoke this decision. When your visa is cancelled offshore, it often significantly limits your options for re-entry or future visa applications; however, it is not impossible.
What Happens If Your Visa Is Cancelled Outside Australia?
When your Australian visa is cancelled while you are outside the country, it may indicate that you are no longer legally allowed to enter or remain in Australia under that visa. This cancellation could be due to various reasons, including breach of visa conditions, character issues, PIC4020 or other issues.
How Does This Visa Cancellation Impact You?
You may be subject to a re-entry ban, which can last 3 to 10 years, depending on the reason for cancellation. During this period, you are generally not permitted to lodge a new visa application, be granted a new visa or return to Australia, unless you seek a waiver.
Related: What are the Consequences of Visa Cancellation?
What are My Next Steps if My Visa has been cancelled?
While offshore visa cancellation limits your following options, there are still some available pathways, depending on your circumstances:
Consulting with an Accredited Specialist in Immigration Law can help you assess your matter, explore chances for waivers, and strategise the best visa pathway to meet your objective. At AHC Lawyers, we have two Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva. They are experienced in identifying any possible complex issues and overcoming them, specific to your circumstances.
You can apply to the Department of Home Affairs (DoHA) for a waiver of the re-entry ban. This usually requires demonstrating compelling reasons.
If your visa has been cancelled, you may be eligible to appeal the decision through merits review to the Administrative Review Tribunal (ART). We highly suggest that you speak with an immigration lawyer for advice before taking any action.
Depending on the cancellation power, such as Section 501, Section 116, Section 109, etc., there may be different potential pathways to applying for a visa and returning to Australia. For specific visa subclasses, Criterion 5001/5002/5010 may be required to be met.
Related:
Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
Guide to Challenging Unfair Government Decisions: Insights into Judicial Review
What Happens If You Do Not Appeal Your Visa Refusal or Cancellation?
How Can Agape Henry Crux Help
Contact Agape Henry Crux and schedule a time with one of our Accredited Specialists in Immigration Law for tailored advice and to represent your complex 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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