Tourist Visa & Visitor Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Tourist Visa & Visitor Visa Cancellation Appeals

Responding to NOICC for Tourist & Visitor Visas

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

Challenging Cancellation Decisions

Our lawyers assess tourist or visitor visa cancellation decisions, advising on appeal merits and preparing strong cases to challenge the Department.

ART Appeal Representation

We provide full representation for tourist and visitor visa appeals to the Administrative Review Tribunal (ART), from lodging to hearing advocacy.

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

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Tourist & Visitor Visa Cancellation

Your tourist or visitor visa can be cancelled for breaching conditions (like “no work” or study limits), providing incorrect information, or failing the character test. Such a cancellation can severely impact future travel to Australia.

Receiving a Notice of Intention to Consider Cancellation (NOICC) requires an urgent response. Strict time limits apply for appealing to the Administrative Review Tribunal (ART), making prompt expert advice crucial to protect your rights.

Why Choose Moya Migration Law for Your Tourist & Visitor Visa Cancellation Appeal?

A tourist or visitor visa cancellation can disrupt your plans. Moya Migration Law offers specialised experience, a dedicated client focus, and strategic advocacy to effectively appeal your visa cancellation and protect your travel interests.

Extensive Visa Cancellation Experience

Led by Daniel Moya (since 2002), our firm has deep experience handling complex migration matters, including tourist and visitor visa cancellation appeals.

Dedicated & Personalised Service

We offer personalised attention, understanding your unique circumstances, and providing clear, tailored advice for your tourist or visitor visa case.

Strategic Appeal Advocacy

We develop effective strategies to challenge cancellation decisions, building persuasive cases for your tourist or visitor visa appeal to the AAT.

In-Depth Knowledge of Visa Law

Our thorough understanding of Australian migration law and visitor visa conditions ensures your cancellation appeal is expertly managed.

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15-Min Consultation

Our 5-Step Tourist & Visitor Visa Cancellation Appeal Process

Appealing a tourist or visitor visa cancellation requires a clear and strategic approach. Moya Migration Law guides you through each step, focusing on strong preparation to protect your travel interests and challenge the cancellation effectively.

1

Initial Consultation & Case Assessment

We review your tourist or visitor visa cancellation, discuss your circumstances, assess grounds for appeal, and advise on the best course of action.

2

Strategic Appeal Preparation

Our team meticulously prepares your case, guiding you on necessary documents and evidence to build a strong appeal against the cancellation.

3

Appeal Lodgement & Communication

We manage the submission of your appeal to the ART, ensuring compliance with strict time limits, and keep you regularly informed.

4

Expert Representation at Hearing

If appealing, we provide expert representation at the ART hearing, presenting your case effectively on your behalf.

5

Guiding Your Next Steps to Visa Success

Following a successful outcome, we guide you on the next steps. Should further action be needed, we advise on all available legal options.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Tourist & Visitor 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 experienced guidance for tourist and visitor visa cancellation appeals.

Daniel is committed to providing clear, plain-English advice and practical solutions to protect your travel plans. He understands the impact of a visa cancellation and offers dedicated support. Daniel also provides legal assistance in Spanish.

Frequently Asked Questions about Tourist & Visitor Visa Cancellations

What are the common reasons a tourist or visitor visa may be cancelled?

Tourist or visitor visas (e.g., Subclass 600, 601, or 651) may be cancelled if the holder breaches visa conditions, such as engaging in unauthorized work, overstaying their visa, or failing to depart Australia on time. Other grounds include providing false or misleading information during the visa application process or failing to meet the character requirements under Section 501 of the Migration Act 1958.

What should I do if I receive a notice of intention to cancel my tourist visa?

If you receive a Notice of Intention to Consider Cancellation (NOICC), it is crucial to seek immediate legal advice. This notice outlines the reasons the Department of Home Affairs is considering cancellation and invites you to respond within a strict timeframe. An immigration lawyer can help you prepare a compelling submission and guide you through your rights and potential legal remedies.

Can I appeal a cancelled tourist or visitor visa?

Yes, in many cases, visa holders can appeal a cancellation decision to the Administrative Appeals Tribunal (AAT). Whether you are eligible to appeal depends on your visa type, location at the time of cancellation, and the grounds cited by the Department. An immigration lawyer can assess your situation and help you lodge an appeal within the required deadlines.

What happens if my visa is cancelled while I am still in Australia?

If your visa is cancelled while you are in Australia, you may become an unlawful non-citizen, which can lead to detention or removal from the country. You will lose your legal right to remain in Australia and may be subject to a re-entry ban. Acting promptly by seeking legal assistance can help you explore options such as appeals or applying for a bridging visa.

Can a visa be cancelled for breaching the “no work” condition?

Yes, one of the most frequent reasons for cancelling a visitor visa is working without permission. Tourist visas typically carry a “no work” condition (Condition 8101). If the Department finds evidence of unauthorized employment, your visa may be cancelled, and you could face serious consequences, including future visa refusals.

Can I reapply for a tourist visa after cancellation?

In most cases, you may be eligible to reapply, but the previous cancellation will be recorded in your immigration history and may negatively affect your future visa applications. A prior cancellation for reasons like providing false information or overstaying may result in a re-entry ban under Public Interest Criteria (PIC) 4013 or 4014, lasting up to 3 years.

Do I have to leave Australia immediately after my tourist visa is cancelled?

If your visa is cancelled and no other visa is granted or in process, you must leave Australia immediately or within the timeframe stipulated in the cancellation notice. Failing to depart can result in immigration detention and a ban on returning to Australia for a set period. You may be able to apply for a bridging visa to lawfully remain while you pursue appeal options.

What happens if I unintentionally overstay my visa?

Even an unintentional overstay can lead to visa cancellation and an adverse migration record. You may be classified as an unlawful non-citizen, which can trigger automatic cancellation and removal proceedings. It is essential to act immediately—contact an immigration lawyer to see if you can apply for a bridging visa or appeal the cancellation.

How can I avoid having my tourist or visitor visa cancelled?

To avoid cancellation, strictly adhere to your visa conditions, such as not overstaying, not working, and not studying unless permitted. Always provide truthful and complete information to the Department of Home Affairs and notify them of any changes to your situation. If you’re unsure about your visa obligations, consult an immigration lawyer to avoid unintentional breaches that could lead to cancellation.

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.