Working Holiday Visa Cancellation

Working Holiday Visa Cancellation

A common reason for working holiday visa (Subclass 417) to be cancelled is for providing incorrect information. 

Has your Working Holiday Visa been cancelled, or have you received a Notice of Intention to Consider Cancellation?

If you have received a cancellation or Notice of Intention to Consider Cancellation from the Department your next steps are very important.

The Department of Home Affairs can directly cancel a visa (mandatory cancellation) without providing you any notice (in limited circumstances) otherwise they must notify you that they are considering cancelling your visa.

What are your next steps?

Once you receive your notice from the Department it is critical that a well-represented and detailed response advocating your position is put forward to the Department which they must consider. It is important that accompanying supporting documentation is also provided.

If your visa has been cancelled directly, you may have the ability to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT) or relevant Courts.

How can we help?

K & D Immigration Lawyers have successfully represented many visa holders (and former visa holders) to avoid a visa cancellation or have their visa cancellation set aside.

K & D Immigration Lawyers will fully review your matter providing frank advice on prospects of appeal (remember, the tribunal can only work within the law, so it is our role to demonstrate how the Department has misinterpreted the law, or provide submission to use their discrstion to set aside the decision).

We will prepare all aspects of the appeal including written submissions to the Department/Tribunal or Court, assist in the preparation and collection of evidence to be used, provide representation and advocate for our clients relentlessly.

If you have any questions about visa cancellations please get in touch with K & D Immigration Lawyers today.

      If the Administrative Appeals Tribunal decided that you were non-compliance, then the Administrative Appeals Tribunal will have to take into consideration the following prescribed circumstances below before cancelling your visa (s 109(2)).
      Prescribed circumstance whether to cancel or not (reg. 2.41)
      ·        the correct information;
·        the content of the genuine document (if any);
·        whether the decision to grant a visa was based, wholly or party, on incorrect information or a bogus document;
·        the circumstances in which the non-compliance occurred;
·        the present circumstances of the visa holder;
·        the subsequent behaviour of the visa holder concerning his or her obligations under Subdivision C of Division 3 of Part 2 of the Act;
·        any other instances of non-compliance by the visa holder known to the Minister;
·        the time that has elapsed since the non-compliance;
·        any breaches of the law since the non-compliance and the seriousness of those breaches; and
·        any contribution made by the holder to the community.