Visa Options After Character Cancellation – Is There Still Hope?
Facing visa cancellation due to character issues, such as criminal records, misconduct, or other character concerns, these cancellations often seem like another hurdle to continue to remain in the country. However, know that all hope is not lost! Potential pathways and legal options are still available to those in this situation.
What is Character Visa Cancellation?
Character cancellation for visas typically occurs when immigration authorities determine that an individual does not meet the character requirements to maintain the current visa. This decision may be triggered by criminal convictions, visa condition breaches, or conduct or engagement in harmful activities that are deemed harmful to the community or national interests.
Once a visa is cancelled on character grounds, the individual may face removal from the country, ban from re-entry or difficulties in obtaining future visas.
Is There Still Hope After Character Cancellation?
While character cancellations under Section 501 present significant challenges, there are several immediate steps you can take to seek a resolution or alternative options:
You will typically receive a Notice of Intention to Consider Cancellation (NOICC), allowing you a limited time to respond to the Department of Home Affairs (DoHA).
If your visa has been cancelled without a NOICC, you may have the option to appeal to the Administration Review Tribunal (ART) to review the cancellation decision.
When you receive a NOICC or a visa cancellation, we highly suggest that you speak with an Accredited Specialist in Immigration Law. They specialise in complex matters of character and visa cancellation.
Work with an immigration lawyer to prepare for a response and present supporting evidence on why your visa should not be cancelled.
If the ART has affirmed the visa cancellation, there may be an opportunity to pursue a judicial review in the Federal Court if there are any errors in how the cancellation process was handled or to request Ministerial Intervention with compelling and compassionate reasons for your visa to be reinstated.
At the same time, you may be eligible for alternative visa options. Ensure that you get professional legal advice before taking any action. Otherwise, that visa application may be refused due to your prior visa cancellation history and attract more visa bans, or it may be referred to the Visa Applicant Character Consideration Unit (VACCU), which can further delay the visa processing time.
The Importance of Professional Legal Assistance
Navigating through visa cancellation due to character is complex and technical. Engaging with an experienced immigration lawyer is important to evaluate options and prepare a strong legal submission with identified compelling evidence. An Accredited Specialist can identify any possible issues in the future and how to address and/or avoid them.
Related:
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
Character Test: Insights into VACCU’s Decision-Making Process for Your Visa Application
How Can Agape Henry Crux Help
While a character cancellation can seem like a dead end for a migration journey, hope remains. The key is to seek expert legal advice and act promptly to explore all available avenues for a positive resolution. Contact Agape Henry Crux and schedule a time with one of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, 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.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
