Department of Home Affairs Rolls Out Consequential Visa Cancellation

In the most recent announcement, the Department of Home Affairs (DOHA) announced that your visa may be at risk if any of your family members’ visa is cancelled. The cancellation may entirely depend upon the discretion of DOHA. The Department calls it as ‘consequential cancellation’ or ‘subsequent cancellation’.

Here’s a list of individuals who may get consequentially affected in any such case:

  • Member(s) of the family, which may include
    • A spouse or de factor partner
    •  A dependent child
  • Member of the family unit of a person whose visa has been cancelled
  • Others who hold visas only because of the visa held by the person whose visa has been cancelled
  • Children who hold visa due to the implication of the Children And Young Persons (Care And Protection) Act 1998 – Sect 78.


Here are some of the common grounds that may result in consequential cancellation

  • Failure to comply with visa policies (s109)
  • Cancellation of visas on specified grounds (s116)
  • Cancellation of visas of persons outside Australia (s128)
  • Cancellation of visas by the Minister based on s109 grounds (s133A)
  • Cancellation of visas by the Minister based on s116 grounds (s133C)
  • Cancellation of a student visa due to non-compliance (s137J)


Cancellations may be of two types:

  • Automatic Cancellation – An automatic consequential cancellation of a visa for an affected party occurs when these two things happen:
    • The person’s visa was obtained because they are a member of the family unit and not based on their own merit (secondary visa holder)
    • That main visa holder has their visa cancelled on the grounds discussed above.
       
  • Discretionary Cancellation – Discretionary consequential cancellation is a result of:
    • That persons having obtained their visa on the basis of another person obtaining that person’s visa
    • The other person has had their visa cancelled on the grounds as described above


You may contact us for more information on this. We are one of the most sought-after Visa consultants across Melbourne, Sydney and Adelaide. For detailed information on how consequential cancellation may affect you and your stay in Australia, please visit www.australiavisa.com.

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