What Happens After Reporting Someone to the Department (DoHA)?
The Department of Home Affairs (DoHA) relies on information to maintain the integrity of Australia’s immigration system. While reporting changes is a legal obligation for visa applicants and sponsors, it can also have significant consequences, ranging from ensuring compliance to triggering visa refusal or cancellation.
Who Can Report and Why?
Reporting to DoHA can come from several sources, each with different motivations and potential outcomes:
You, as the visa applicant or visa holder, are legally obligated to notify DoHA of any significant change in circumstances. This includes reporting changes to your details, such as address, contact information, employment, marital status, health, and any criminal charges. Fulfilling this obligation ensures compliance, maintains the accuracy of your application/visa record, and prevents potential issues with Public Interest Criteria (PIC) 4020 for false or misleading information. Failure to report may lead to visa refusal or a risk of receiving a Notice of Intention to Consider Cancellation (NOICC) under Section 116 or Section 109 for a potential visa cancellation.
Your sponsor, who is either your employer or your partner, also holds a strict legal obligation to notify the Department of any changes in circumstances. Situations may include cessation of employment, breakdown of relationships or significant breaches of visa conditions by the visa holder. A sponsor’s report, especially regarding the end of employment or relationship, will directly put the visa holder’s status at risk. It usually triggers a review by DoHA, which may request more information from the visa applicant through an invitation to comment on a Natural Justice (s57) letter.
Related: What Do I Do After Receiving a NOICC or NOICR?
Lastly, a third-party report can be submitted via a public report to DoHA. This is often driven by suspicion, personal dispute or a perceived duty to report breaches. Allegation of visa fraud, overstaying a visa, working in breach of conditions, or other immigration offences. This could come from a former employer, a member of the public, or even your acquaintance neighbour. Such reports are typically investigated by the Department. While not all reports lead to action, credible allegations can initiate a full-scale inquiry into the visa holder’s compliance and status.
What are the Potential Consequences for the Visa Holder?
If a report leads to an investigation and potential visa cancellation:
You become an unlawful non-citizen, with no legal right to remain in Australia. You then may be at risk for immigration detention and forced removal from Australia.
Cancellation often triggers 3-year re-entry bans under PIC 4013/4014.
You may be subject to the Section 48 Bar, limiting your ability to apply for most other visa subclasses while onshore in Australia.
What You Should Do If You Were Reported to the Department?
Be aware of your own visa conditions and your sponsor’s obligations. If you become aware that you have been reported, or if you receive a Natural Justice (S57) letter, contact an Accredited Specialist in Immigration Law immediately for professional assistance. Do not attempt to handle this situation by yourself.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
The Importance of Notifying the Department About Changes in Circumstances in Family Violence Cases
PR at Risk? What to Do When the Department Investigates Your Past Conduct
Pending Citizenship Application: Notify Any Changes of Circumstance to DoHA
What Happens if My Employer Reports Me to the Department of Home Affairs (DoHA)?
How Can Agape Henry Crux Help You?
Reporting to the Department of Home Affairs, whether by you or about you, comes with significant consequences. Our team of immigration lawyers at Agape Henry Crux works closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.
We speak fluent English, Mandarin and Cantonese. If these aren’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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