Visa Refusal & Cancellation

Visa refusals and cancellations in Australia can occur for various reasons, depending on the criteria of a visa type, breach of visa conditions, bogus document, misleading information and the applicant’s circumstances.

Visa Refusal

Australian visa is refused if you do not satisfy the officer that you have met the criteria under Australian Migration law.  In usual case, visa refusal under character, medical, fraud and misleading information is serious in nature.

Public Interest Criterion (PIC) 4020 – Bogus Documents or False or Misleading Information

Department of Home Affairs (DOHA) might refuse your visa application for failing to satisfy Public Interest Criterion (PIC) 4020 if you, or any of the members of your family unit:

• Do not satisfy us as to your identity
• Provide bogus documents or information that is false and misleading in relation to your current visa application or
• Provided bogus documents or information that is false and misleading in relation to a visa that you held in the 12 months before making your current application.

DOHA might not grant you a visa (which has PIC 4020 as a criterion) for a period of ten years if you, or a member of your family unit, have a visa application refused because of a failure to satisfy us as to your identity.

DOHA might not grant you a visa (which has PIC 4020 as a criterion) for a period of three years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

Character Test

You will not pass the character test if you fall within any of the grounds specified below:

• Substantial criminal record
• Conviction for immigration detention offences
• Association with persons suspected of engaging in criminal conduct
• Past and present criminal or general conduct
• Significant risk of particular types of future conduct

Visa Lodgement Limitation

You can only apply for certain specified visas listed if your visa has been refused in Australia and you intend to apply visa from Australia.

Visa Cancellation

DOHA may cancel your visa if:

• You did not comply with visa conditions
• You did not meet our character requirements
• You provided false information on your visa application
• Paying for sponsorship
• Non-compliance with a work-related visa condition
• Changes to study
• Biosecurity contraventions
• Importation of objectionable goods

If you are in Australia or immigration clearance, DOHA will usually notify you of intention to consider cancelling your visa. And DOHA will give you the opportunity to put forward reasons why DOHA should not cancel your visa.

Only DOHA can grant, refuse or cancel a visa. The cancellation of a visa can be discretionary, mandatory or by operation of law. In some circumstances, you can ask us to cancel your visa.

DOHA will not process requests for cancellation of the following visas:

• Visitor (subclass 600)
• Electronic Travel Authority (subclass 601)
• eVisitor (subclass 651)
• Working Holiday visa (subclass 417)
• Any Permanent visa
• Any other visa with less than 6 months validity

If DOHA cancels your visa, DOHA may also cancel the visas held by any of your family members.

Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request us to cancel the visa of a person under 18 years old.

The cancellation of your visa might bar you from making further visa applications. It may prevent you from being granted certain visas to travel to enter or stay in Australia.

Review of Cancellation

If DOHA either refuses or cancels your visa, you may be able to apply for a review of the decision. You cannot appeal a decision if the Minister made the decision personally.

The Administrative Review Tribunal (ART) provides merits review of departmental decisions, including visa cancellations and refusals. You can find out more about the AAT on their website Administrative Review Tribunal.

Appeals have strict time limits. You must apply in writing within the time specified by the Department in the decision notification letter.

ART can make the following decisions:

• Affirm the decision: the decision is not changed
• Vary the decision: the decision is changed
• Set aside the decision and substitute a new decision: the decision is replaced with a new decision
• Remit the decision: the matter is sent back to the Minister to make a new decision.

You can seek judicial review if you believe the refusal or cancellation decision was not lawfully made.