Contact Us

Category: Migration

BY: root
29 October, 2025 Comments (0)

Visa Cancellation Lawyers in Melbourne, VIC: Act Fast

If you have received a visa cancellation notice, time is against you. At Allen Law, our visa cancellation lawyers in Melbourne, VIC, understand the urgency and the stress that this situation brings. Acting quickly and seeking professional advice can make all the difference in protecting your stay and your future. Call us today at (03) 7020 6563 so we can help you start the right steps immediately. Why Immediate Action Matters After a Visa Cancellation Notice A visa cancellation notice might feel like the end of your journey, but it is not a final decision. It represents a serious legal matter with strict deadlines. Ignoring it or delaying your response can result in losing your right to appeal or challenge the decision. That is why the first 72 hours are crucial. If you want to protect your rights, you need to contact visa cancellation lawyers in Melbourne, VIC, who understand the process and the urgency. They will guide you through the complexities and help you take the right action without delay. Understanding the Reasons for Visa Cancellation Before you react, it is important to understand why your visa has been cancelled. Common reasons may include: Breaching visa conditions. Providing false information. Criminal convictions. Overstaying your visa. Security or health concerns. Knowing the specific reason allows your visa cancellation lawyers in Melbourne, VIC, to build the strongest possible response for your case. At Allen Law, we take the time to review your situation carefully to provide tailored advice. Key Steps to Take in the First 72 Hours Acting swiftly can save your stay or make a strong case for appeal. Here are the critical steps to follow immediately: Read the cancellation notice carefully.Check the reasons and deadlines mentioned. Note all important dates.Missing deadlines can bar you from challenging the cancellation. Gather relevant documents.Include your visa details, correspondence, and evidence supporting your case. Seek legal assistance.Contact experienced visa cancellation lawyers in Melbourne, VIC, as soon as possible. Avoid discussing your case publicly.Stay cautious about what you share on social media or public forums. Following these steps helps you be prepared for your initial consultation and strengthens your position. How Allen Law Supports Your Visa Cancellation Case At Allen Law, our visa cancellation lawyers in Melbourne, VIC, specialise in providing clear, effective advice when you need it most. Here is how we help: Urgent case review and advice.We assess your notice and explain your options clearly. Handling appeals and reviews.We prepare strong submissions to the Department of Home Affairs or tribunals. Communication with authorities.We manage all contacts with government agencies on your behalf. Protecting your rights under tight deadlines.Our expertise ensures no opportunity is missed. We understand the stress of visa cancellations and work to give you peace of mind and the best chance of success. What to Expect During Your Consultation Your first meeting with our visa cancellation lawyers in Melbourne, VIC, will focus on gathering all the facts and documents. We will discuss: The details of your visa and cancellation notice. The reasons and evidence supporting or opposing the cancellation. Your personal circumstances and future plans. Possible outcomes and next steps. This consultation is your chance to ask questions and understand the legal process ahead. Why Choose Allen Law for Your Visa Cancellation Matters? Experienced visa cancellation lawyers in Melbourne, VIC. Personalised attention and clear communication. Proven track record with complex cases. Commitment to acting fast and protecting your rights. Transparent fees and professional service. We stand by your side during this critical time. Frequently Asked Questions About Visa Cancellations Q1: Can I stay in Australia while my appeal is ongoing?A1: Depending on your visa type and conditions, you may be allowed to stay. Your lawyer can clarify your options. Q2: What happens if I miss the deadline to respond?A2: Missing deadlines can severely limit your chances to challenge the decision. Acting fast is essential. Q3: How long does the review process take?A3: The time varies depending on the complexity and government agency involved. We keep you informed throughout. The First 72 Hours: Your Critical Steps After Receiving a Visa Cancellation Notice Remember, the first 72 hours after getting a visa cancellation notice are the most critical to safeguard your future. Do not wait or panic. Start by understanding the notice, noting deadlines, collecting evidence, and reaching out to trusted visa cancellation lawyers in Melbourne, VIC. Time is limited, and every moment counts. For detailed support and trusted legal help, visit our migration law services page. Call Allen Law Today to Protect Your Visa Rights If you or someone you know faces a visa cancellation notice, don’t hesitate. Contact Allen Law in Melbourne, VIC, at (03) 7020 6563 today. Our visa cancellation lawyers in Melbourne, VIC, are ready to act fast and guide you through every step. Protect your future by getting expert legal help now. Alternatively, visit our contact page for more information.

Read More
BY: root
29 October, 2025 Comments (0)

Visa Cancellations in Australia

Australian Visa Cancellations: Understanding Sections 116 and 501 of the Migration Act Visa cancellations are among the most serious actions the Department of Home Affairs can take against non-citizens in Australia. Whether a person is visiting, studying, working, or has lived in Australia for decades, a visa cancellation can have immediate and severe consequences, including detention and removal from Australia. Under the Migration Act 1958 (Cth), the Minister for Home Affairs (or a delegate) is granted broad powers to cancel a visa at any stage. Visa cancellations usually occur by the exercise of a power under either section 116 or section 501 of the Migration Act 1958. These powers are frequently used in the interests of public safety, character concerns, and compliance with visa conditions. This article provides an overview of the grounds, procedures, and legal consequences of visa cancellations under these sections, as well as options available for appeal or review. The legal framework for visa cancellations The Migration Act 1958 provides various grounds on which a visa may be cancelled. The relevant cancellation power will depend on the circumstances of the visa holder, their location at the time (onshore or offshore), and the nature of the alleged conduct or non-compliance enlivening the power to cancel the visa in question. Some visa cancellations are discretionary, while others are automatic or mandatory, depending upon the circumstances. The legal complexity increases further when character assessments or criminal histories are involved. While there are several provisions for cancellation, section 116 and section 501 are the most frequently applied and subject to review in the Administrative Review Tribunal (formerly, the Administrative Appeals Tribunal). Section 116 of the Migration Act – discretionary visa cancellations Section 116 allows the Minister or their delegate to cancel a visa if certain conditions or risk factors are met. This power is broad and applies to almost all types of visas, including student, visitor, skilled, and permanent resident visas. Grounds for Cancellation under Section 116 A visa may be cancelled under section 116 if: The visa holder has not complied with a visa condition; The visa was granted based on false or misleading information; In the case of a student visa, the visa holder is not, or is likely not, a genuine student; or the visa holder has engaged, is engaging, or is likely to engage in conduct which is not contemplated by the grant of the student visa; The presence of the person in Australia is, or may be, a risk to: The health, safety, or good order of the Australian community; or The health or safety of an individual. There has been a change in circumstances such that the visa would not have been granted if those circumstances had existed at the time of the application; or A prescribed ground for the cancellation of a visa applies to the visa holder. Importantly, cancellation under section 116 is discretionary. The only exception to this is subsection 116(3), which provides that if the Minister (or their delegate) may cancel a visa under section 116, the Minister must cancel the visa if there exists prescribed circumstances in which a visa must be cancelled. Notification of cancellation under section 116 If the Minister or their delegate decides to cancel a visa under a power contained in section 116, notice must be given to the visa holder of the proposed cancellation in the prescribed method, stating the basis on which the Minister proposes to cancel the visa. The notice must also invite the visa holder, within a specified time, to substantiate that the grounds for cancellation do not exist, or that there is some other reason why their visa should not be cancelled. Legal assistance during this stage is critical. An experienced immigration lawyer can prepare comprehensive submissions addressing the legal criteria, factual background, and mitigating circumstances. This is of paramount importance, as satisfying the Minister or their delegate that the grounds upon which they propose to cancel the visa is erroneous, or that there are other grounds on which the visa ought not to be cancelled. Some of the grounds which can be relied upon include, but are not limited to, family ties, community support, and international obligations owed to the visa holder. Section 501 of the Migration Act – refusal or cancellation of visa on character grounds Section 501 provides the Minister with the power to refuse to grant, or to cancel, a visa on character grounds. This provision applies to both temporary and permanent visa holders and has been used increasingly in recent years in the context of criminal conduct or criminal association. The Character Test Under subsection 501(6), a person does not pass the character test if, among other reasons: They have a substantial criminal record; They have been convicted of sexually based offences involving a child; They are reasonably suspected of being a member of, or having an association with, a criminal organisation; There is a significant risk that the person would engage in criminal conduct, harass or vilify a segment of the community, or pose a danger to the community; or They have been convicted of an offence: that was committed whilst in immigration detention; or during an escape by the person from immigration detention; or after they escaped from immigration detention, but before the person was taken into immigration detention. A substantial criminal record generally means the person has been sentenced to a term of imprisonment of 12 months or more, either as a single sentence or cumulative total. Naturally, this would include a sentence of death, or imprisonment for life. Mandatory visa cancellations under section 501(3A) In certain circumstances, cancellation under section 501 is mandatory. This usually applies when a non-citizen: has a substantial criminal record; or is serving a term of imprisonment for life for an offence against the law of the Commonwealth, or a State or Territory; or has been convicted of a sexually based offence involving a child. In such cases, the Minister must cancel the visa without notice. The

Read More

Litigate. Dominate. Obliterate.

Services

GET IN TOUCH

    HEADQUARTERS

    Level 11 | 456 Lonsdale Street
    Melbourne | Victoria 3000

    Phone

    (03) 7020 6563

    Email

    enquiries@allenlawyers.com.au

    Facebook Linkedin Instagram Whatsapp

    ようこそ