Student Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Student Visa Cancellation Appeals

Responding to NOICC for Student Visas

We assist with urgent responses to a “Notice of Intention to Consider Cancellation” (NOICC), addressing concerns to prevent student visa cancellation.

Appeals for Breached Visa Conditions

We manage appeals for student visa cancellations due to non-compliance with conditions like course enrolment, attendance, or work limitations.

Character & False Information Appeals

Our team handles complex appeals against student visa cancellations based on character grounds or allegations of providing false/misleading information.

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

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Student Visa Cancellation

Your student visa can be cancelled for not complying with conditions (like course enrolment or work limits), character concerns, or providing false information. A cancellation results in becoming unlawful, potential re-entry bans, and major disruption to your studies.

Receiving a Notice of Intention to Consider Cancellation (NOICC) demands an urgent and effective response. Strict time limits apply for challenging a cancellation decision. Expert legal advice is crucial to navigate this complex process and protect your educational future in Australia.

Why Choose Moya Migration Law for Your Student Visa Cancellation Appeal?

A student visa cancellation can jeopardise your education and future in Australia. Moya Migration Law offers extensive experience in student visa matters, a client-focused approach, and strategic advocacy to robustly appeal your visa cancellation.

Experienced in Student Visa Cancellations

With over 20 years in migration law, our firm, led by Daniel Moya, has a proven track record handling complex student visa cancellation appeals.

Client-Focused & Personalised Support

We offer personalised attention, understanding your unique circumstances and providing clear, plain-English advice throughout your visa appeal.

Strategic Advocacy for Your Case

We develop tailored strategies to address specific cancellation reasons, building a strong case to argue why your student visa should not be cancelled.

Deep Knowledge of Student Visa Law

Our profound understanding of student visa conditions, the Migration Act, and appeal processes ensures your case is expertly managed.

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Our 5-Step Student Visa Cancellation Appeal Process

Appealing a student visa cancellation requires a precise and expert approach. Moya Migration Law guides you through each critical stage, from assessing the cancellation notice to representing you at the tribunal, ensuring dedicated support for your educational future in Australia.

1

Initial Consultation & Case Review

We review your student visa cancellation decision (or NOICC), discuss your circumstances, and advise on the best appeal strategy or visa options.

2

Strategic Appeal Preparation

Our team meticulously prepares written submissions and assists you in gathering strong evidence to challenge the specific cancellation grounds.

3

Timely Lodgement & Communication

We manage the submission of your response or appeal to the Department or ART, ensuring compliance and keeping you fully informed.

4

Expert Representation at Hearings

We provide skilled legal representation at any ART hearings, advocating effectively to overturn the cancellation.

5

Guiding Your Next Steps to Visa Success

Following a successful outcome, we guide you on reinstating your student visa. Should further action be needed, we advise on all available legal pathways.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Student Visa 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 student visa cancellation appeals, including NOICC responses and tribunal hearings.

Daniel is committed to providing clear, plain-English advice and developing practical solutions to protect your educational future in Australia. He understands the stress of a potential visa cancellation and offers dedicated support. Daniel also provides legal assistance in Spanish.

Frequently Asked Questions about Student Visa Cancellations

What is the difference between a student visa cancellation and a student visa refusal?

A student visa cancellation occurs when a visa that has already been granted is revoked by the Department of Home Affairs. In contrast, a student visa refusal is when an application for a visa is denied before it has been granted. A cancellation removes an existing visa, while a refusal prevents a visa application from being successful.

What are the main reasons for a student visa cancellation?

The most common reasons for a student visa cancellation include not complying with your visa conditions, such as course enrolment or work limitations. Other grounds for cancellation are providing false or misleading information in your visa application, having your Confirmation of Enrolment (CoE) cancelled, or failing to meet the character requirements.

What happens if my Confirmation of Enrolment or CoE is cancelled?

If your education provider cancels your Confirmation of Enrolment (CoE), your student visa may be cancelled by the Department of Home Affairs. You will generally have 28 days from the date of the CoE cancellation to leave Australia, obtain a new CoE, or apply for a new visa. Failing to take one of these steps is a primary reason a student visa may be cancelled.

What should I do if my student visa is cancelled while I am in Australia?

You should seek immediate advice from an experienced immigration lawyer or a registered migration agent if your visa is cancelled. There are strict time limits to challenge the cancellation decision. An expert can assess your situation, explain your visa options, and help you appeal the decision to the Administrative Appeals Tribunal or apply for another visa if you are eligible.

What are the consequences if my Australian student visa is cancelled?

The consequences of a student visa cancellation are severe, as you will become an unlawful non-citizen and must leave Australia. You may also be subject to a three-year re-entry ban, which will impact any future visa applications to Australia. A cancellation also causes major disruption to your studies and can result in significant financial loss.

Can I reapply for an Australian student visa if my previous one was cancelled?

Yes, in some circumstances, you may be able to reapply for a student visa after a cancellation. However, you must address the reasons for the previous cancellation in your new application, as a cancellation can significantly affect future visa applications. You may also be subject to a re-entry ban that prevents a new visa grant for a period of time.

What happens to my family members if my student visa is cancelled?

If your student visa is cancelled, any visas held by your family members as your dependents will also be cancelled. Similarly, if your visa application is refused, the applications of your dependent family members will also be refused.

Can my student visa be cancelled on character grounds?

Yes, your student visa can be cancelled if you fail to meet the character test under the Migration Act. This can happen if you have a substantial criminal record, have been convicted of certain offences, or are otherwise considered to pose a risk to the Australian community. A cancellation on character grounds is a serious immigration matter.

How can an immigration lawyer help with a visa cancellation?

An immigration lawyer provides expert legal advice tailored to your situation, helping you respond to a Notice of Intention to Consider Cancellation. They can represent you in an appeal to the Administrative Appeals Tribunal (ART), advise on your eligibility for other visas, and help you navigate the complex legal process. Seeking professional immigration advice is crucial to maximise your chances of a successful outcome.

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.