CONSEQUENCES OF CANCELLATION
In Australia – Unlawful Status
If your visa is cancelled in Australia, then all bridging visas attaching to further applications are also cancelled. Once cancelled, you become unlawful and therefore, must take action to regularise (or make lawful) your status in Australia. This is usually done by –
Lodging an appeal against cancellation and then applying for a bridging visa for the period of the appeal
Applying for a bridging visa to allow your to remain lawful in Australia why awaiting a decision on a visa application lodged before the cancellation Obtaining a bridging visa on departure from Australia grounds
Work rights
Once your visa is cancelled, you will also lose work rights attaching to any visa or bridging visa cancelled and will have to make application to get working rights to attach to any bridging visa E granted to you to remain in Australia.
Section 48 Bar from Lodging Further Applications
A further consequence of cancellation is that you are affected by what is known as a s 48 bar stopping you from lodging any further visa applications in Australia save for a limited range of visas that can still be lodged including subclass 820 / 801 partner visas and protection visas.
Out of Australia – Public Interest Criterion 4013 – 3 year Ban
If you have a visa cancelled and leave Australia or are out of Australia, then you will face a 3 year ban from grant of further temporary visas to which PIC 4013 applies unless you can show compelling or compassionate reasons for grant of the visa within the 3 year ban period.
Appeals Against Australian Visa Cancellation to the Administrative Appeals Tribunal – Migration Review Division
Being stopped from lodging further applications in Australia, means the success of your appeal against cancellation is critical to you staying and achieving your Australian migration goals.
Also, as an example, a well-prepared work rights application associated with the appeal, will then allow you to support yourself and family while you are in Australia waiting for your appeal to be heard.
Appeal periods can be up 2-years to the AAT – MRD and well beyond this period if you then lodge an appeal to the Federal Circuit Courts
Time frames for review of a cancellation decision are often very short (for example 7 days) and it is essential to lodge an appeal to the appropriate Tribunal within time frames or your right of appeal is lost.
Therefore, get competent immigration lawyers to advise, prepare and act for your in your appeal.
