Visa Cancellation Australian Migration Lawyers
- Specialists in visa cancellation and refusal appeals.
- Clear, reassuring guidance when you need it most.
- Strategic advocacy to protect your future in Australia.
- Maximising your chances of a successful visa appeal.
Daniel Moya
Founder of Moya Migration Law
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Our Visa Cancellation Services
Partner Visa Cancellation
We provide compassionate support for partner visa cancellations, addressing relationship or genuineness concerns in appeals.
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Protection Visa Cancellation
We assist with critical protection visa cancellations, including character test issues, and represent clients in ART appeals.
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Student Visa Cancellation
We help students challenge visa cancellations due to non-compliance with course enrolment, attendance, or other visa conditions.
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Visa Cancellation on Medical & Health Grounds
Our firm handles sensitive health-based cancellations, navigating waiver provisions and challenging decisions on medical grounds.
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Business & Working Visa Cancellation
We assist professionals and sponsored employees facing cancellation, addressing non-compliance and preparing strong appeals.
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Visitor Visa Cancellation
We provide advice and representation for visitor visa cancellations due to overstaying, breach of conditions, or false information.
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We encourage a free 15-minute call to discuss your situation & map out a path to appealing your Visa Cancellation.
What Our Happy Clients Say
Hear directly from our successful learners.
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Understanding Visa Cancellation Notices
Receiving a Notice of Intention to Consider Cancellation (NOICC) from the Department is a critical alert, not a final decision. It’s your crucial opportunity to respond and argue why your visa should not be cancelled.
Ignoring a NOICC or missing strict response deadlines can lead to visa cancellation, resulting in serious consequences like becoming unlawful, potential detention, and re-entry bans. Prompt experienced legal advice is vital to navigate this complex process and protect your status in Australia.
Why Choose Moya Migration Law for Your Visa Cancellation Appeal?
Facing a visa cancellation requires experienced legal appeal and strategic advocacy. Moya Migration Law offers extensive experience in complex cancellation matters, a client-focused approach, and a commitment to protecting your future in Australia.
Extensive Visa Cancellation Experience
Our team has a proven track record handling complex visa cancellations, including Section 501 character matters, and appeals before the ART and Federal Courts.
Client-Focused & Supportive Approach
We prioritise understanding your unique situation, providing personalised service with clear communication to support you through the stressful cancellation process.
Strategic Advocacy & Appeal
We develop tailored legal strategies to vigorously appeal against your cancellation, whether responding to a NOICC or representing you in tribunal and court appeals.
In-Depth Migration Law Knowledge
Our profound understanding of the Migration Act 1958 (Cth) and cancellation provisions ensures your case is managed with the highest level of legal skill.
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15-Min Consultation
Our 5-Step Visa Cancellation Appeal Process
Challenging a visa cancellation requires a systematic and experienced approach. Moya Migration Law guides you through each critical stage, from responding to a NOICC to tribunal appeals, ensuring dedicated support and robust legal advocacy for your appeal.
1
Initial Consultation & Case Assessment
We review your visa cancellation notice (or NOICC), discuss your specific circumstances, and provide clear legal advice on your appeal options.
2
Strategic Appeal Preparation
Our team prepares detailed written submissions and assists in gathering crucial supporting evidence to build a strong case for your appeal.
3
Appeal Lodgement & Communication
We experiencedly lodge your visa appeal with the ART or relevant body, ensuring all strict time limits are met, and keep you fully informed.
4
Skilled Representation at Hearing/Review
We provide skilled legal representation at any tribunal or court hearings, advocating strongly on your behalf to successfully appeal the cancellation.
5
Post-Decision Guidance & Next Steps
Following a successful outcome, we guide you on securing your visa status. If further action is needed, we advise on all available legal pathways.
Principal Lawyer Daniel Moya
Meet Daniel Moya, Your Visa Cancellation Appeal Lawyer
Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s case. With over two decades in Australian migration law since 2002, Daniel offers experienced guidance for complex visa cancellation matters, including appeals and responses to NOICCs.
Daniel is committed to providing clear, personalised legal advice and practical solutions to protect your future in Australia. His extensive experience includes challenging cancellations before the ART and Federal Courts. Daniel also offers legal assistance in Spanish.
Frequently Asked Questions about Australian Visa Cancellations
What are the main reasons for a visa cancellation?
A visa may be cancelled for several common reasons, including breaching your visa conditions, providing incorrect or false information in your visa application, or failing to meet the character test under Section 501 of the Migration Act. The Department of Home Affairs may also cancel a visa if the circumstances under which it was granted no longer exist, or if you have requested the cancellation yourself.
Can a cancelled Australian visa be reinstated?
Yes, a cancelled Australian visa can be reinstated in certain circumstances. This is typically achieved by successfully appealing the visa cancellation decision to the Administrative Review Tribunal (ART) or a court, or by applying for a revocation of the mandatory cancellation. Seeking professional legal advice is crucial to navigate this complex process.
What should I do immediately after receiving a visa cancellation notice?
You should seek legal advice from an experienced immigration lawyer immediately after receiving a visa cancellation notice or a Notice of Intention to Consider Cancellation (NOICC). Strict time limits apply for responding to the Department of Home Affairs or lodging an appeal with a tribunal, so it is crucial to understand your rights and options as soon as possible. Acting quickly is essential to prepare a strong case and protect your future in Australia.
Can my employer or sponsor cancel my visa?
No, your employer or sponsor cannot cancel your visa. Only the Minister for Immigration or a delegate from the Department of Home Affairs has the legal power to make a visa cancellation decision. While your employer must notify the Department if your employment ceases, they cannot cancel your visa themselves.
What happens if my visa is cancelled while I am in Australia?
If your visa is cancelled while you are in Australia, you become an unlawful non-citizen and lose your right to remain in the country. This means you could be placed in immigration detention and removed from Australia. It is critical to seek immediate legal advice to explore your appeal rights or other options to regularise your status.
Can a permanent residency visa be cancelled?
Yes, a permanent residency (PR) visa can be cancelled under certain circumstances specified in the Migration Act. A permanent visa may be cancelled for various reasons, including those related to the character test, providing false or misleading information on your application, or other grounds. The consequences are serious, so seeking legal representation is highly recommended.
How long do I have to appeal a visa cancellation?
The timeframe to appeal a visa cancellation decision is very strict and will be clearly stated in your notification letter from the Department of Home Affairs. For some cancellations, particularly those on character grounds under Section 501, you may have as few as nine days to lodge an appeal with the Administrative Review Tribunal (ART). These time limits are not flexible, making it vital to act without delay.
Will a visa cancellation affect my family members?
Yes, the cancellation of your visa is likely to affect the visas of your family members if they hold a visa linked to yours as a dependent. Their visas may also be cancelled as a direct result of your visa cancellation decision. It is important to consider the impact on your entire family when responding to a notice from the Department.
Can I apply for a new visa after a cancellation?
Applying for a new visa after a cancellation can be very difficult. A visa cancellation can significantly impact your ability to be granted another Australian visa, and you may be subject to a re-entry ban that prevents you from returning to Australia for a specific period. Any future visa application you make will face much higher scrutiny from the Department of Home Affairs.
Our Services
Administrative Review Tribunal (ART) Appeals ART Visa Appeals
Visa refused or cancelled? Don’t give up hope. Experienced representation for your ART review to challenge the decision.
Visa Refusals
If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.
Visa Cancellations
Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get experienced advice and management for your unique circumstances.
Partner Visas
Begin your journey to permanent residency. Experienced support for all Partner Visa applications, navigating the complex system with confidence.
Protection Visas
Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.
Family Visa
Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, experienced advice.
Citizenship
Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.
Notary Public in Adelaide Notary Public
Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.
Court Appeals (Judicial Review) Judicial Review
Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.