Appeals & Reviews
Appeals / Tribunals
Any type of visa (permanent or temporary) can be canceled by the Department of Immigration and Border Protection (DIBP) if you do not pass a “character test”. The personality test is defined in Section 501 (6) of the Migration Act 1958 (the Migration Act). Your visa application may also be refused if you do not pass a personality test.
You will not pass the personality test if you:
- have a “substantial criminal record” (see definition below);
- have an association with an individual, group or organization suspected of being involved in the offence
- not be of good standing in relation to your past and present offense or general conduct
- there is a significant risk of engaging in unacceptable behavior in the future.
DHA is informed that you have a significant criminal record.
Usually this happens when you are in prison. DHA usually won’t begin the revocation process until you’ve served six months in prison. However, DHA may consider canceling your visa at any time while you are in prison or after you are released.
DHA sends you Notice of Intent to consider revocation.
This notice means that DHA is considering canceling your visa. No final decisions have been made at this stage. You will have the option to let DHA know why your visa should not be cancelled.
The Minister of Immigration and Citizenship can also cancel your visa. This means that the Minister makes the decisions as an individual and not as an agent of DHA. The Minister will not follow the same process described here, and the AAT has no means of rescinding this type of revocation. You should get legal advice (see 8. Important contacts) if the Minister is considering canceling your visa.
If the Notice of Intention to Cancel become dated eleven January 2011 And it become published to you
Add 7 running days beginning from the subsequent day, 12 January
12, 13, 14, 17, 18, 19, 20 January
Add any other 28 days
21 January to 17 February 2011
Your response to a notice dated 11 January 2011 is due 17 February 2011