Business & Working Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Business & Working Visa Cancellation Appeals

Responding to NOICC & Visa Condition Issues

We assist in preparing strong responses to a Notice of Intention to Consider Cancellation (NOICC) for business or working visas, addressing alleged non-compliance.

Appealing Business Visa Cancellations

We expertly manage appeals for business visa cancellations, particularly concerning genuine effort, ownership, or management requirements.

Appealing Working Visa Cancellations

Our team handles appeals for working visa cancellations due to sponsorship issues, character grounds, or other eligibility concerns.

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We encourage a free 15-minute call to discuss your situation & map out a path to appealing your Business & Working Visa Cancellation.

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Visa Cancellation Risks

Business visas can be considered for cancellation if genuine business efforts, ownership, or management criteria are not met. Working visas may face cancellation for non-compliance with conditions, character concerns, or sponsorship issues.

Receiving a Notice of Intention to Consider Cancellation (NOICC) requires an urgent response within strict time limits. Failing to address the Department’s concerns properly can lead to severe consequences, including loss of legal status and re-entry bans.

Why Choose Moya Migration Law for Your Visa Cancellation Appeal?

Facing a business or working visa cancellation demands specialist legal expertise. Moya Migration Law offers a proven history in complex cancellation appeals, direct lawyer communication, and strategic advocacy to protect your future in Australia.

Extensive Cancellation Appeal Experience

With over 20 years in migration law, we have a strong track record handling intricate visa cancellations before the ART and Federal Courts.

Direct & Clear Communication

You’ll have direct access to your lawyer, receiving regular updates and clear, plain-English advice throughout the stressful cancellation appeal process.

Strategic Advocacy in Complex Cases

We develop robust legal strategies tailored to your specific visa cancellation, building the strongest case for a revocation of the decision.

Deep Knowledge of Migration Law

Our profound understanding of the Migration Act 1958 (Cth) and cancellation grounds ensures your appeal is handled with expert legal skill.

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Our 5-Step Visa Cancellation Appeal Process

Appealing a business or working visa cancellation requires a structured, expert approach. Moya Migration Law guides you through each stage, from initial assessment to final outcome, providing dedicated support and strategic advocacy.

1

Initial Consultation & Engagement

We discuss your visa cancellation notice (or NOICC), assess the grounds, advise on appeal options, and formalise our engagement for your case.

2

Strategic Appeal Preparation

Our team meticulously prepares your appeal, gathering crucial supporting documents and drafting comprehensive written submissions.

3

Timely Lodgement with Tribunal/Court

We ensure your appeal application is lodged correctly with the ART or relevant body, meeting all strict deadlines and requirements.

4

Expert Representation at Hearing

We provide skilled legal representation at any tribunal hearings, advocating strongly on your behalf to challenge the cancellation decision.

5

Guiding Your Next Steps to Visa Success

Following a successful outcome, we guide you on securing your visa status. Should further advocacy be needed, we clearly 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 expert guidance for complex business and working visa cancellation appeals.

Daniel provides clear, plain-English advice and develops personalised strategies to challenge visa cancellations. His extensive experience includes intricate appeals before the Administrative Review Tribunal (ART) and Federal Courts. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about Business & Working Visa Cancellations

What are the main reasons my business or working visa may be cancelled?

A working visa may be cancelled for reasons such as failing to comply with visa conditions, not meeting character requirements under Section 501, or providing false information to the Department of Home Affairs. A business visa can be cancelled if the visa holder fails to obtain a substantial ownership interest in an Australian business or is not actively involved in its senior management. This action is taken to uphold the integrity of the Australian migration system.

What should I do if I receive a notice that my visa might be cancelled?

You should seek expert guidance from an immigration lawyer immediately if you receive a notice of intention to consider cancellation (NOICC). The law requires the Department of Home Affairs to give you a written notice inviting you to provide reasons why your visa should not be cancelled. An experienced migration lawyer can help you prepare strong written submissions and advise you on your rights and the appeal process, as strict time limits apply.

What happens after my business or working visa is cancelled?

The consequences of a visa cancellation are severe and include the immediate loss of your legal status, which requires you to depart Australia. A re-entry ban may be imposed, preventing you from returning to Australia for a significant period. This cancellation will have a lasting negative impact on your immigration record and any future Australian visa applications you might make.

Can I appeal a visa cancellation decision?

Yes, in many cases, a visa holder has the right to appeal a visa cancellation decision. You can seek a merits review of the cancellation at the Administrative Review Tribunal (ART), where the case is reconsidered. In certain circumstances, it may also be possible to seek a judicial review of the decision through the court system.

How can an immigration lawyer help with my visa cancellation?

An immigration lawyer provides expert legal assistance tailored to your specific situation by helping you understand the reasons for the visa cancellation. They will prepare and submit a strong case for the appeal, representing you at the Administrative Review Tribunal (ART) or in court. A lawyer ensures all legal requirements and strict time limits are met, maximising your chances of a successful outcome and the revocation of the cancellation.

What is a genuine effort in the context of a business visa?

A “genuine effort” in the context of a business visa refers to the actions the Minister considers to determine if you have sincerely tried to establish or maintain your business interests in Australia. This includes assessing your business proposals, research conducted, assets transferred to Australia, and the business activities you have undertaken. The reasons for any failure to maintain ownership or management are also taken into account.

How can I avoid having my business or working visa cancelled?

To avoid having your visa cancelled, you must understand and strictly comply with all of your visa conditions and obey all Australian laws. It is crucial to always provide truthful and accurate information to the Department of Home Affairs and notify them of any changes in your circumstances. If you are ever unsure about your visa status or obligations, you should consult an immigration lawyer for professional migration advice.

If my business visa is cancelled does it affect my family members visas?

Yes, the cancellation of your business visa will directly affect the visas of your family members. If your visa is cancelled, any family member who holds a visa as part of your family unit will also have their visa cancelled by the Department of Home Affairs. An exception may be considered only if the cancellation would cause extreme hardship to that family member.

What is the process for cancelling a business visa under Section 134?

The process for cancelling a business visa under Section 134 of the Migration Act requires the Minister to first provide the visa holder with a written Notice of Intention to Consider Cancellation (NOICC). This notice invites you to make written submissions and present evidence explaining why your visa should not be cancelled. The Minister must consider your representations before making a final decision on the cancellation of your visa.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert 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 expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert 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, expert 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.