Failing the character test under section 501 can result in visa refusal or cancellation Character test under section 501 can be used discretionary to refuse a visa application or to cancel a visa. Discretionary visa refusal or cancellation Character test under section 501 provides that a visa application may be refused if the applicant does...Read More

Visa refusal & Cancellation under section 501 and 501CA Direction No 99 is the Ministerial Direction provides consideration for the decision maker to consider when refusing or cancelling a visa under section 501 and revocation of a mandatory cancellation of a visa under section 501CA. Direction No 99 replaces Direction No 90. Like other Ministerial...Read More

Even if you have been living in Australia for a very long time, you still be deported if your visa is cancelled Long-term Australian residents deported – is this possible? There is a clear distinction between lawful non-citizens (those who hold visas permitting them to enter and remain in Australia: s. 13 of the Migration...Read More

If you have been living in Australia since 2 February 1984 and have not departed, you could be holding an absorbed person visa. Absorbed person visa (APV) is, by operation of law, taken to have been granted to certain people on 01 September 1994. Usually, non-Australian citizens entering the country is considered to be “immigrants”...Read More

PR cancellation & citizenship cancellation PR cancellation & citizenship cancellation – can the Department cancel or revoke a child born in Australia to a PR (permanent resident) parent the child’s Australian citizenship if the parent’s PR is cancelled? In the case of Shaheen (Migration) [2020] AATA 2568, the child’s mother, Shaheen, first came to Australia...Read More

Non-disclosure certificate issued under s 375A Section 375A certificate is a power under section 375A of the Migration Act 1958 given to the Minister or delegate for Immigration to place restrictions on material or information given to the AAT by the Department. The power under section 375A allows the Minister by certifying, in writing, that...Read More

Visa condition 8539 or condition 8549 requires you to live, study or work in a specified area Condition 8539 & condition 8549 – if either of these visa conditions is attached to your visa and you (as a primary or secondary visa applicant) holds a Subclass 489, while you are in Australia, you must live,...Read More

If your visa has been cancelled or expired you may be detained pending removal and deportation from Australia Removal and deportation from Australia of non-citizens who do not have a valid visa to enter or remain in Australia has serious consequences. If your visa has been cancelled or your visa has expired will cause you...Read More

Paying for visa sponsorship can result in your visa cancellation Paying for visa sponsorship can result in your visa cancellation if the Department come to know that you have paid someone to sponsor you for a, for e.g., Subclass 482 visa (click here to learn more about TSS 482 visa) or a Partner visa (click...Read More

If you have been sentenced to 12 months or more imprisonment, your visa will be cancelled Permanent residence visa cancellation – the Department has the power to cancel a permanent residence visa (click here to learn more about Subclass 155 RRV) for a number of reasons. Permanent residence visa cancellation can be mandatory or “automatic”...Read More