Protection Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Expertise in Protection Visa Cancellation Appeals

Responding to NOICC for Protection Visas

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

ART Appeals for Protection Visa Cancellations

Our lawyers manage appeals to the Administrative Review Tribunal (ART), preparing strong cases and new evidence to challenge cancellation decisions.

Judicial Review & Court Appeals

We provide expert representation in judicial reviews at Federal Courts if an ART decision on your protection visa cancellation involved a legal error.

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

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Protection Visa Cancellation

Your protection visa can be cancelled for providing incorrect information, changes in your circumstances (like improved conditions in your home country), or failing Australia’s character test. A cancellation results in becoming an unlawful non-citizen, risking detention and removal.

Receiving a Notice of Intention to Consider Cancellation (NOICC) requires an immediate, careful response. Appealing a cancellation to the Administrative Review Tribunal (ART) has strict time limits. Expert legal advice is crucial to navigate these urgent and complex matters.

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

Appealing a protection visa cancellation demands highly specialised and empathetic legal representation. Moya Migration Law offers extensive experience in these critical cases, a client-focused approach, and strategic advocacy to fight for your safety and future in Australia.

Extensive Protection Visa Appeal Experience

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

Client-Focused & Empathetic Service

We provide personalised legal representation with clear, supportive guidance, understanding the stress and unique circumstances of protection visa holders.

Strategic Advocacy for Your Protection

We develop tailored legal strategies to robustly challenge cancellation decisions, preparing strong, evidence-based submissions for your appeal.

Deep Knowledge of Protection Law

Our profound understanding of the Migration Act and specific protection visa criteria ensures your appeal is handled with expert legal skill.

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15-Min Consultation

Our 5-Step Protection Visa Cancellation Appeal Process

Appealing a protection visa cancellation is a critical process requiring expert guidance. Moya Migration Law provides a clear, structured approach, ensuring meticulous preparation and strong advocacy at every stage to protect your right to remain in Australia.

1

Initial Consultation & Case Assessment

We review your protection visa cancellation notice (or NOICC), assess your circumstances and protection claims, and advise on appeal strategy.

2

Evidence & Submission Preparation

Our team meticulously prepares detailed written submissions and assists in gathering all relevant evidence to build a strong appeal case.

3

Appeal Lodgement & Communication

We lodge your protection visa appeal with the ART or relevant court, manage all communications, and keep you consistently informed.

4

Expert Representation at Hearing

An experienced lawyer represents you at tribunal or court hearings, advocating strongly to challenge the visa cancellation decision.

5

Guiding Your Next Steps to Safety

Following a successful outcome, we guide you on securing your protection. Should further advocacy be needed, we clearly advise on all legal pathways to achieve your goal.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Protection 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, empathetic guidance for complex protection visa cancellation appeals.

Daniel is committed to providing clear, plain-English advice and robust legal strategies to protect your right to remain in Australia. His extensive experience includes appeals before the Administrative Review Tribunal and Federal Courts. Daniel also offers assistance in Spanish.

Frequently Asked Questions about Protection Visa Cancellations

What are the main reasons a protection visa can be cancelled?

A protection visa can be cancelled for three main reasons: providing incorrect information to the Department of Home Affairs, a significant change in your circumstances, or failing to meet the Australian character test. These grounds can include submitting bogus documents, the situation improving in your home country, or having a substantial criminal record. It is crucial to understand these reasons as they form the basis of any visa cancellation decision.

What is a Notice of Intention to Consider Cancellation?

A Notice of Intention to Consider Cancellation (NOICC) is a formal letter from the Department of Home Affairs informing you that they are considering cancelling your visa. The notice will outline the specific reasons for the potential cancellation and provide you with an opportunity to respond. It is a critical document that requires an immediate and careful response to present your case.

Can a Protection visa be cancelled if my circumstances change after it's granted?

Yes, a protection visa can be cancelled if your circumstances change significantly after it has been granted. For example, if the conditions in your home country improve to the point where you no longer need Australia’s protection, or if you voluntarily return to the country you sought asylum from, the Department of Home Affairs may begin cancellation proceedings. You must inform the Department of any changes to your circumstances.

What should I do if my protection visa is cancelled?

If your protection visa is cancelled, you should immediately seek professional legal advice from an experienced immigration lawyer. It is vital to first understand the specific reasons for the cancellation decision provided by the Department of Home Affairs. An immigration lawyer can help you understand your rights and assess whether you have grounds to appeal the decision.

Do I have a right to appeal a protection visa cancellation?

Yes, you generally have the right to appeal a protection visa cancellation decision to the Administrative Review Tribunal (ART). The ART is an independent body that will conduct a merits review of your case, re-examining the facts and evidence. Strict time limits apply for lodging an appeal, so it is essential to act quickly.

How does the tribunal decide if my visa should be cancelled?

The Administrative Review Tribunal uses a two-stage process to decide on a visa cancellation. First, it determines if there are valid grounds for the cancellation to exist. If grounds are established, the tribunal then considers whether the visa should be cancelled, weighing factors such as your compliance with Australian laws, any contributions to the community, and the hardship you or your family would face if you were removed from Australia.

What happens if my visa is cancelled for unintentionally providing incorrect information?

Even if you unintentionally provided incorrect information, your protection visa can still be cancelled by the Department of Home Affairs. It is crucial to seek immediate legal advice from a migration lawyer if this happens. You may have the right to appeal the decision, where your lawyer can help explain the error and present evidence to argue for the cancellation to be overturned.

What is the most serious consequence of a protection visa cancellation?

The most serious consequence of a protection visa cancellation is becoming an unlawful non-citizen, which can lead to immigration detention and removal from Australia. This also means you may be barred from lodging future visa applications, potentially forcing you to return to your home country. A cancellation also results in the loss of rights to work and study in Australia.

How can I avoid a protection visa cancellation?

To avoid a protection visa cancellation, you must comply with all of your visa conditions, provide truthful and accurate information in all your dealings with the Department of Home Affairs, and obey all Australian laws. You should also notify the Department of any changes in your personal circumstances as soon as they occur. If you are ever unsure about your obligations, it is best to consult with an immigration lawyer.

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.