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Visa cancellation kit

2. Cancelling a visa - how it works

 

Step 1

DIAC is notified that you have a substantial criminal record.

This usually happens while you are in prison. DIAC will generally not start the cancellation process until the last six months of your sentence. However DIAC can consider cancelling your visa at any time either while you are in prison or after you have been released.

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Step 2

DIAC sends you a Notice of Intention to Consider Cancellation.

This Notice means DIAC is considering cancelling your visa. No final decision has been made at this stage. You will be given a chance to tell DIAC why your visa should not be cancelled.

The Minister for Immigration and Citizenship can also cancel your visa. This means the Minister makes the decision personally and not an officer of DIAC. The Minister will not follow the same process described in this kit and there is no appeal to the AAT for this type of cancellation. You should get legal advice (see 8. Important contacts) if the Minister is considering cancelling your visa.

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Step 3

DIAC cancels your visa and sends you a Notice of Visa Cancellation.

This means a decision has been made to cancel your visa. You need to act quickly (see 4. My visa has been cancelled - what can I do?).

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The section of the Department of Immigration and Citizenship that deals with visa cancellation on character grounds is the National Character Consideration Centre (NCCC). Contact the NCCC if you are not sure if your visa has been cancelled. The number is 1300 722 061.