Visa cancellation - Part 1. Incorrect information and bogus documents (s 109 Migration Act 1958)

UK man pleaded guilty in Sydney to multiple counts of immigration fraud involving his entry and stay in Australia under false identities.

According to Department of Immigration the man obtained permanent residence by providing false information to the department, used false identities to travel into and out of Australia over the past decade, and fraudulently applied for an Australian passport to facilitate further travel.

The Department of Immigration and Citizenship has, under the Migration Act 1958, various powers to cancel visas for certain prescribed reasons. The powers to cancel a visa include -

s109: cancellation of any visa for providing bogus documents or incorrect information

s116: cancellation for, among other things, failure to comply with conditions

s134: cancellation of business skills visas

 

s137J:automatic cancellation of student visas

 

s501: cancellation on character and other public interest grounds

The Minister for Immigration may cancel your visa if you provided false information or false or bogus documents in your visa application. The power to cancel a visa under section 109 arises when the Department of Immigration  and Citizenship believes you -

- did not answer or incorrectly answered questions on your passenger card or visa application form,

- provided a false document or bogus document to the Department of Immigration and Citizenship,

- did not advise the Department of Immigration and Citizenship that answers or information given in a visa application, due to a change in circumstances, are no longer correct or were incorrect at the time they were provided.

The fact that you did not know that the information was incorrect or the document was bogus does not mean your visa will not be cancelled but is a relevant consideration going to the decision by the Department of Immigration and Citizenship to cancel your visa or not.

 

It is important to be aware that if your visa is cancelled, your dependent’s visas are also cancelled.

 

The effects of having a visa cancelled can include restriction on further visa applications lodged within Australia or outside Australia, difficulty in obtaining future visas and deportation. 

 

The cancellation power under s109 is discretionary, unless the Regulations prescribe circumstances where cancellation is mandatory and may be exercised only after certain procedural requirements are met.

 

If you have received a decision cancelling your visa, or a notice of intention to consider cancellation, then CONTACT US IMMEDIATELY as delay may mean you lose the opportunity to have your visa reinstated. We have excellent knowledge of the cancellation provisions and policy regarding notice of intent to cancel, cancellation and appeal.