Visa Breaches

The Australian Migration Act gives the Department of Immigration and Citizenship the power to cancel a visa for a number of reasons. Cancellation is generally a two-step process. The first step involves sending the visa holder a Notice of Intent to Consider Cancellation. This gives the holder an opportunity to put forward reasons why their visa should not be cancelled. If you ever receive a Notice of Intention to Consider Cancellation of your visa, it is very important that you deal it with thoroughly and as a matter of urgency. It is strongly recommended that you seek professional advice. We can provide detailed replies to a Notice of Intention to Consider Cancellation issued for the following reasons:

• Breaching a Visa Condition (Section 116);
• Ceasing employment with a Sponsor (Section 116);
• Where grounds no longer exist for the holding of a visa (Section 116) such as the breakdown of a relationship whilst holding a provisional spouse visa;
• Providing incorrect information (Section 109);
• Business Visa Holders failing to abide by the conditions of their visa (Section 137);
• Consequential cancellations (Section 140);
• Failing to pass the character test due to a substantial criminal record; an association with a person, group or organisation involved in criminal activity; or as a result past and present criminal or general conduct (Section 501).