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In Prison and had your visa cancelled?

In prison and had your visa cancelled?

Attention prisoners who are either Australian permanent residents or New Zealand citizens.
If you get a letter from the Department of Immigration telling you that your visa has been cancelled, you must do something straight away.

What do you need to do?

If you want your visa back, the first thing you must do is write to the Department of Immigration to ask for the decision to be changed.

This is called a Request for a Revocation.

You will have received a form called a Request for Revocation of a Mandatory Visa Cancellation and a personal details form.

You must fill these forms out and return them to the Department of Immigration.

Do this right now.

The time limits are very strict and you cannot get more time if you miss them. If you don’t do it right now you could lose your right to say that you should get your visa back.

What to include on the form

The form asks why your visa should be given back to you. You should give as much information as you can, including:

  • Why you think you are not a risk to the Australian community and why you say the risk that you will re-offend is low.
  • If you have children in Australia, especially if they are under 18, how will they be affected if your visa is cancelled and you have to leave Australia.
  • Any problems you will face if you are sent back to your home country.
  • The strength of your other ties to the Australian community, such as parents, brothers and sisters, community groups, employment etc.
  • Any refugee claims you have.

As long as you fill out and send the revocation form and the personal details form back to the Department of Immigration straight away, you can keep sending them information that might help you (like letters of support) any time up until the Department of Immigration decides your case.

You should try to get as much information as you can to the Department of Immigration as soon as possible.

Contact us

Prisoners can contact Legal Aid NSW on the common auto dial list (CADL) as a free call. Press 11# and say that you want legal advice about visa cancellation from the Civil Law Division.

Friends and family of prisoners can contact Legal Aid NSW Civil Law on 9219 5790 or the Prisoners Legal Service on (02) 8688 3888.

This information is intended as a general guide to the law in NSW. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation.

At the time of printing, the information shown is correct but may be subject to change.

If you need more help, contact LawAccess NSW on 1300 888 529 for legal information, referrals and in some cases advice.

If you are hearing/speech impaired, you can communicate with us by calling the National Relay Service (NRS) on 133 677.

If you need an interpreter, call TIS and ask to be put through to LawAccess NSW on 1300 888 529.


March 2015