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Visa cancellation on character grounds

Visa cancellation on character grounds

This information is for you if you have received a notice of intention to cancel your visa or a notice of visa cancellation from the Department of Immigration and Border Protection.

This information is NOT for you if the cancellation or possible cancellation of your visa is for a reason other than character grounds.

THERE ARE TIME LIMITS FOR RESPONDING TO A NOTICE OF INTENTION TO CANCEL YOUR VISA AND FOR APPEALING A DECISION TO CANCEL YOUR VISA. YOU MUST COMPLY WITH THESE TIME LIMITS.

Why is my visa being cancelled?

The Department of Immigration and Border Protection (DIBP) or the Minister for Immigration and Border Protection ("the Minister") may, and the Minister must in certain circumstances, cancel your visa if you do not pass the "character test". 

The DIBP has a fact sheet – The Character requirements which sets out the requirements for the character test, the discretionary powers the Minister or their delegate has to decide whether or not to cancel the visa, and appeals, including time limits. This fact sheet can be downloaded from its website.

Click here to download a copy of a Legal Aid WA information sheet.

The Immigration Advice and Rights Centre Inc and the Immigration Legal Service in Queensland have written a Visa Cancellation Kit. It is a plain English kit that includes, information on time limits, how to respond to a Notice of Intention to Cancel, what supporting evidence you will need, and what to do if your visa is already cancelled. It can be accessed online at this link.

Where can I get more information?

  • People from refugee and culturally and linguistically diverse (CaLD) backgrounds may be able to get assistance with visa cancellation on character grounds from The Humanitarian Group. Contact it on (08) 9227 7311.
  • Contact the Administrative Appeals Tribunal (AAT) on 1800 228 333. On the AAT website you can access information about applying for a review in a migration matter including which decisions can be reviewed and the specific procedures for applicants, including time limits for making an application to the AAT.
  • Contact the National Character Consideration Centre on 1300 722 061 or email nccc@immi.gov.au. It is the section of DIBP which deals with cancellation of visas on character grounds. If you need to use an interpreter over the phone contact Translating and Interpreting Service (TIS) on 131 450.
  • The Australian Human Rights Commission website.

 Last reviewed: 07/01/2015

Last modified: 18/01/2017 11:13 AM

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.