Character Cancellation under section 501 (3A)
Effective from 11 December 2014, the section 501 character cancellation provisions have been amended with dramatic effect on people serving custodial sentences in Australian prisons.
The effect of the new section 501 (3A), is that if a person is in prison serving a sentence of 12 months or more, than the Minister for Immigration and Border Protection must move to cancel the person’s visa. The person will not receive a Notice of Intention to Consider Cancellation (NOICC) of the visa but will only receive notice of actual cancellation.
When released from prison, the cancelled visa holder will be met by immigration officers and taken directly into immigration detention. They then have 28 days from the date of ‘deemed’ notice of cancellation to seek revocation of the cancellation – that is to ask that the cancellation is overturned. If revocation is not applied for, the cancelation cannot be challenged and the visa cannot be reinstated. If a visa is cancelled under s 501(3A), and cancellation is not overturned, the affected person cannot be granted any other Australian visa and, once deported, will never be able to legally return to Australia.
If revocation is applied for but refused, this refusal can be applied for to the Administrative Appeals Tribunal (AAT). AAT Appeal time frames are very short and cannot be extended. The AAT is formal tribunal, independent of the DIBP and will take a fresh look at the cancellation decision to see if reasons exist sufficiently strong to overturn the cancellation decision. The AAT will weigh up considerations such as protection of the Australian community, seriousness of the offending, chance of reoffending and the persons time in Australia and connection to Australia or Australian family members, particular minor children, to either affirm the cancellation or overturn the decision.
If Cancelled Under S 501(3A), have a Family Member Contact us Immediately
If your visa is cancelled under section 501(3A) you must get the decision over turned or you will be deported and you will not return to Australia lawfully again. We have acted in many character cases over the years and have seen first and The impact character cancellation has on Australian family members, children and friends . Seeking revocation is the 1st only 2 chances you have to get your Australian via back and continue your life in Australia. The 2nd and final chance is the appeal to the AAT. Therefore, it is critical that we are involved at the 1st stage and seek revocation on your behalf. This also ensures that the appeal to the AAT has the best chance of success. The processes for preparing and lodging revocation applications and AAT appeals are complex and time consuming and requires expert advice and assistance to help you over turn your cancellation. Getting this advice and assistance a the earliest opportunity is critical.
What to do next and how to apply?
Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.
We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.