The Migration Act contains a number of provisions which give the Minister power to cancel a visa in various circumstances. Many of these powers can be exercised by delegates. Most cancellation powers are discretionary (the relevant provisions use the word ‘may’), but some are mandatory (the relevant provisions use the word ‘must’).
For a visa to be cancelled there must be grounds for the cancellation. Each of the cancellation powers (contained in separate subdivisions) is separate and discrete from the other. The ground and the related power to cancel are in the same subdivision.
What if my visa application is refused or my visa is cancelled?
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT) the court or even the minister.
Not all decisions are reviewable by the AAT. For example, if the Minister for Immigration and Border Protection personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot apply to have a decision reviewed by the AAT. In the instance, you would have to make a submission directly to the minister.
If you are faced with any of these issues we are here to assist you every step of the way, so that you can ultimately achieve the best possible outcome.