Thursday, 28 January 2016

Consequences of visa refusal or cancellation


When a person’s application for a visa is refused or his or her visa is cancelled under section 501 of the Migration Act, unless he or she already holds a protection visa, the person becomes an unlawful non-citizen.


Under the Migration Act, as an unlawful non-citizen the person must be placed in immigration detention and detained until he or she is either granted a visa, deported, or removed from Australia.


In addition to being detained and possibly removed from Australia, a person who has a visa refused or cancelled under section 501:
  • will be prohibited from applying for another visa (other than a protection visa or a ‘removal pending’ bridging visa) while in Australia
  • if removed from Australia following cancellation of their visa, will not be eligible to be granted most types of visas (and therefore to return to Australia) if their visa was cancelled because of a substantial criminal record, past or present criminal conduct, or a combination of past or present criminal and general conduct

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