Immigration Law
 

Do you have a Visa Cancellation issue?

Our Immigration Specialists Can Help You! 

  • We have two Accredited Specialists in Immigration Law in our firm.

  • We use a 3 Points System Approach: Human Error Checks, Legal Checks and Final Checks to execute your matter.

  • We have track record of DELIVERING difficult cases where chances are slim.

  • We use technology to streamline the process, making it STRESS FREE for you.

  • Our combined teams of Immigration Lawyers speak over 15 languages.

  • Our team are always eager to learn and improve to keep up to date with the ever changing Immigration Law!

  • We only SUCCEED because our clients work with us as a team.

  • We don’t promise. We DELIVER as lawyers.

Let Our Immigration Experts Help You

 
 

CONTACT US

Fill in your details below if you’ve had your Australian visa cancelled or your visa is about to get cancelled.

 

How Are We Different?


We have two (2) Accredited Specialists in Immigration Law

out of the 41 Accredited Specialists in NSW.

“It is the duty of an Accredited Specialist to assist other lawyers. Essentially being a lawyers’ lawyer.”

- Richard Harvey, NSW Law Society Specialist Accredited Chair

06 December 2018

Are you dealing with an Accredited Specialist in Immigration Law?

 
 
 

OUR AREA OF EXPERTISE

Contact us immediately if you have received or are in the following circumstances: 

 
  • You received a Notification of Intention to Consider Cancellation (“NOICC”).

  • You received a Notification of Cancellation (“NOC”).

  • You have been sentenced to a term of imprisonment for more than 1 year.

  • You did not know your visa was cancelled, or you do not hold a visa.

  • Your Sponsor no longer wants to sponsor you

  • You want to change employers.

  • You lodged a Citizenship application, which triggered the Department to suspect you provided bogus documents in the past. 

  • You breached your visa conditions.

  • The Minister for Immigration exercised his personal powers to cancel your visa

  • You are in prison subject to mandatory visa cancellation.

  • You did not meet your obligations for business migration.

  • You did not live and work in the regional area

  • You did not attend classes, failed courses or changed education providers.

  • Your visa was automatically cancelled because you are a dependent.

  • The Department of Immigration requested that you attend an interview.

  • You wish to cancel your own visa.

  • You appealed a visa cancellation decision.

 
 

Australia calls me “U.M.A”. This is my story:

I was barred by five (5) types of BAR which prevents me from making a valid visa application:


1. Section 46A BAR

2. Section 48A BAR

3. Section 48 BAR

4. Section 91P BAR

5. Regulation 2.43(1)(p) BAR

I travelled by boat where it was intercepted by the Australian navy. When I finally managed to get a BVE, the Department cancelled my bridging visa based on minor criminal charges, even before a court could determine if I am guilty or innocent. These criminal charges were eventually dropped but the awful effect of this weird cancellation power cannot be reversed even if a person is later found innocent. However, the consequences of this type of cancellation causes me to be barred from making a valid BVE application. With 5 different types of bar, this means I have no choice but be detained and removed from Australia. After using several lawyers and humanitarian immigration experts, I found AGAPE. Even after exhausting all avenues and being at the last stage of all appeals, with no hope left, I was very surprise that AGAPE’s tactical team could even present me with several technical loopholes, which allowed me to choose according to my preference of speed, costs, risks, and degree of effort required on my side. Today, I have my visa to work in Australia because I finally got sick and tired of changing different lawyers. I thank Haakon my best friend in Australia and Riya my Australian partner and myself for making the only good decision in my life, ie. to pay extra money to have 2 of the 41 accredited specialists in NSW makes a difference.

- SYG3196 (pseudonym)

 

 10 CONSEQUENCES AND TRAPS OF VISA CANCELLATION

 

WARNING #1: The laws provide a very short time to respond to the Notice of Intention to Consider Cancellation (NOICC). 

WARNING #2: In most cases, an extension of time will not be granted. This weakens your chances of success because you will not have enough time to arrange quality supporting documents, research, and draft a potent submission.

WARNING #3: You may be subject to 5 kinds of bans:

  • You cannot lodge another visa while physically in Australia.

  • 3 years ban from the visa cancellation date.

  • 3 years ban from the day you depart Australia.

  • 1 year ban if you are involuntarily removed. 

  • Permanent ban for Character cancellations.

WARNING #4: The Department may search and seize your personal information, even if they are held by lawyers.

Warning #5: Australian government agencies commenced sharing data, eg. the Department that administers driver’s licence, may alert the Department of Immigration.

Warning #6: Without a visa, you will be detained and removed from Australia.

Warning #7: Visa applications lodged will be automatically refused for Character cancellations.

Warning #8: Your dependents may be automatically cancelled. They cannot appeal, even though you are eligible to appeal. This is because their visa was cancelled by operation of law.

Warning #9: You may not be eligible to appeal the cancellation if you are not in Australia or you are at the airport.

Warning #10: A visa cancellation affects future visa applications to Australia and other countries.

 
 

All the above warnings may lead to serious implications if no actions is taken. Our immigration specialists can assist you and plan strategies to tackle you visa cancellation matter.

 

TOP 8 TIPS TO WIN VISA CANCELLATION

Visa Cancellation Tip #1

Seek legal assistance, preferably a practitioner that only practices immigration law and nothing else. Even as lawyers ourselves, we were taught never to defend ourselves when sued for many reasons.

This saying is engrained in all the minds of a lawyer:


“A man who is his own lawyer has a fool for his client"


Visa Cancellation Tip #5

Choose a lawyer fast. In most cases, the time to appeal or respond is 7 days. Naturally, quality of work can be affected if lawyers are provided little time to prepare. 

“Take into account the time you need to gather supporting documents.”


Visa Cancellation Tip #2

If you are not financially restrained, choose an Accredited Specialist in Immigration Law because their expertise has been rigorously tested by peers in the industry and awarded by the Law Society. There are only 41 of this type of Accredited Specialist in NSW. They can be identified with their special logo


Visa Cancellation Tip #6

No matter how complex your case is, there is always another case more or equally as complex as yours which the Tribunals and Courts have dealt with. These stories are guidance to Case Officers, how they are to perform their duties and exercise their discretion.


Visa Cancellation Tip #3

Teamwork is key to success. Your lawyer can’t win your case without your dedication to assisting them prepare your case. This includes, being prompt in responding to their requests, working hard and diligently in gathering evidence, never avoid their phone calls, keep to your promises, trust their experience and intuition, make timely payments and follow their advice.




Visa Cancellation Tip #7

Sometimes, the way to win, is to lodge another visa application, before the current visa is cancelled.

“The art of winning a war, is to quietly go around your enemy instead of going head to head”


Visa Cancellation Tip #4

Always tell your lawyer the truth.

This allows them to devise a 3-pronged approach. 

  1. Canvass all options & pathways available. 

  2. Draw up “Short-Mid-Long” term strategies.

  3. Execute back-up plans



Visa Cancellation Tip #8

Most cancellations are ‘discretionary’. This means, that even if the Department has solid evidence, you can win by applying the laws which require the Case Officer not cancel you visa.

“Never Lie!”


 

"The team at Agape is fantastic. I came to Australia without a valid visa and valid passport, was detained for years at the immigration detention centre, have my protection visa application refused, and barred for applying for any other visa. Went to Agape and they assisted me to have me released from the detention, sought ministerial intervention to ‘lift’ my ‘bar’ on applying further visas (and successfully), and lodge another visa. My journey didn’t end there. Due to my past, my visa application was about to be refused on the character grounds and my bridging visa about to get cancelled (with the risk of being detained again and removed from Australia). However, the team at Agape ‘fought’ for me tirelessly and argue my case to the Department. After a long battle, the Department assessed that I passed the character test needed for my visa. I didn’t know what I can say to describe my experience and my gratefulness towards the team at Agape. Many people easily promise the world but talk is cheap. I am thankful that I have Agape by my side, lawyers who have the fighting spirit for people in a complex situation like me. I strongly recommend their service.”

- Isaac William

 

WHY CHOOSE US

 
 
  • All clients have the benefit of professional indemnity insurance and a firm regulatory regime governed by the NSW Law Society.

  • You application and all related matters and information is protected by legal professional privilege which is NOT the case with non-lawyers.

  • 3 point system:

    • HUMAN ERROR CHECKS: Honest mistakes, eg. typo leads to 3 years ban

    • LEGAL CHECKS: The laws are approximately 900 pages. We use a “tick” to indicate what meets the laws, “x” to indicate what doesn’t meet the laws, “n/a” where the provision is not applicable to your circumstances (see example of some of the Laws we go through to complete our legal checks)

    • FINAL CHECKS: Case officers have a level of discretion in refusing. Our Senior Lawyers with decades of receiving refusals acts as “Case Officers” to attack the application and provide a mock refusal decision

    • REPORT with recommendation on how to increase the chances of success. Our team of lawyers read hundreds of appeal cases.

  • We use technology to streamline the the visa cancellation process by explaining through sharing our computer screens remotely, documents are signed electronically (even with your mobile phone), 

  • We have 2 Accredited Specialists in Immigration Law with combined experience of over 20 years who can assist and represent you during your Australia visa cancellation process.

  • The culture of our firm is to be competitive & eager to learn. This results in summarizes a large amount of visa appeal cases. We like to refer to them as ‘ammunition’.

  • The combined years of experience amongst our immigration lawyers & registered migration agents

  • We don’t believe in overpromising, which we label as the ‘anaesthetic effect’. Telling you what you want to hear, merely provides a temporary relief which makes you sleep better at night. But the reality is that, when you wake up, the pain will return with greater intensity.

  • We don’t sell you an outcome, rather you’re buying your preferred lawyer, the relentless fighter, all of which take pride in winning their cases as they are published by the Tribunal or Courts.

  • With a multicultural team is proficient in English, Mandarin, Cantonese, Bahasa Melayu, Bahasa Indonesia, French, Spanish, Tagalog, Hindi, Hokkein, Indic, Korean, Mongolic, Burmese, and Millennial languages. 

 
 
 

“I am lucky that i came across Agape Immigration, they are extremely professional and they know exactly what they are doing. I found about them around 4 year ago through a friend and from that time until now i havent even tried to look for any other consultancy. Once you go see this brilliant team you will definitely feel in safe hands. They solve my cases which were really complicated in nature. One thing to remember, they are a bit expensive but worth it, because they will solve your case on time, you don't have to worry about anything, they will always keep you updated, and guess what this will definitely save you money in the long run. I Wana say Big thanks to AGAPE specially DAVIN who always made things easier for me and Calvin who gave me such visa advices which saved me in extremely crucial times. BIG BIG THANKS and RESPECT.”

- Muhammad Hanif

 

 VISA CANCELLATION COSTS

 

Similar to the concept of ‘shopping malls’, Agape Henry Crux, provides the convenience for clients to shop around for legal representatives, types of services and prices to suit their needs.

ALL UNDER 1 ROOF. 

If you’re on a budget, we have junior lawyers with lower rates. If you’re looking for free legal advice, some of our lawyers are open to pro bono cases. There are lawyers who are book-smart, while others are street-smart. 

The younger lawyers tend to be very fast & responsive, but a handful are slow (although they beg to differ, that slow & steady wins the race).

The older lawyers are usually more attentive and have a reputation of customer relations. But if money is no object, you can engage a bunch of them or all of them. The beautiful part is that if you find that your immigration lawyer does not meet your expectations, you have the option of changing immigration lawyers with different teams, without having to completely change law firms where they’d charge a significant amount as part of the initial fact finding and preliminary advice.

As a point of reference, depending on the complexity of your case and the immigration lawyer or lawyers you choose, you’re looking at approximately $1,000 to $10,000 + GST. Once we have assessed your situation more thoroughly and you’ve decided on the pathways we’ve laid out for you, we’ll provide you with an accurate quote and breakdown of fees.

 

 

 CONTACT US

Fill in your details below if you’ve had your Australian visa cancelled or your visa is about to get cancelled.

 

OUR OFFICE

Level 32, 320 Pitt Street,
Sydney, NSW, 2000
Visa Cancellation Email: visa.cancellation@ahc.legal
Tel: +61 2 7200 2777

Opening Hours: Monday - Friday 9:00AM - 6:00PM


GETTING HERE

BY TRAIN
Our office is located a short walk from Town Hall or Museum stations.
Visit sydneytrains.info to plan your trip.


BY BUS
Buses run regularly from Pitt and Elizabeth Streets.
Visit transportnsw.info to plan your trip.


BY CAR
With over 550 public parking spaces, World Square’s car park is the nearest place to park. Car park entry and exit visa Goulburn (East direction) or Pitt Streets. For rates and car park operating hours, visit Secure Parking or call 1300 727 483.