The Department may automatically cancel your Australian visa without prior notice in certain and limited circumstances. For example, this automatic cancellation may be exercised when you have accumulated a substantial criminal record, committed sexual offences against a child, or are serving a sentence of imprisonment, on a full-time basis in a custodial institution for these offences. It may also apply when any of the grounds under section 128 of the Migration Act exist and you are physically outside Australia.
In other cases, the Department issues a NOICC to which you have to respond within the set time limit as to why your visa should not be cancelled. A NOICC affords you the last opportunity to comment on and provide response prior to the Department cancelling your visa. In drafting the response, you must be meticulous and strategic.
The Department is bound to take into account matters stipulated in the relevant statutory provisions, which generally include your time spent in Australia, migration history, criminal record, contribution to the Australian community, any risks you may pose to the Australian community and whether you have provided incorrect information in your previous Australian visa applications. Visa Plan is a firm of specialists in complex migration matters, such as visa cancellations.
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