Member2021 Posted March 23, 2021 Share Posted March 23, 2021 Visa Cancellation - where to start and processes you can follow Quote Link to comment Share on other sites More sharing options...
Member2021 Posted March 23, 2021 Author Share Posted March 23, 2021 Hello, my 801 Visa was cancelled while I was out of the country with no notice after I was granted the visa in early 2018. I have been trying to get the notification of the cancellation with no help from DFAT. Can anyone recommend the best was I can go to find this so I can proceed with a review process and possibly engage an immigration lawyer. My circumstances have not changed since the visa was issue nor have I been convicted or committed a crime since I was granted or ever before. I have read up on grounds for cancellation and can't seem to see why unless I have violated a visa condition that I don't know about - but seems unlikely. Has anyone been through this process or has had this occur to them? Many thanks for your help Quote Link to comment Share on other sites More sharing options...
paulhand Posted March 23, 2021 Share Posted March 23, 2021 30 minutes ago, Member2021 said: Hello, my 801 Visa was cancelled while I was out of the country with no notice after I was granted the visa in early 2018. I have been trying to get the notification of the cancellation with no help from DFAT. Can anyone recommend the best was I can go to find this so I can proceed with a review process and possibly engage an immigration lawyer. My circumstances have not changed since the visa was issue nor have I been convicted or committed a crime since I was granted or ever before. I have read up on grounds for cancellation and can't seem to see why unless I have violated a visa condition that I don't know about - but seems unlikely. Has anyone been through this process or has had this occur to them? Many thanks for your help How do you know it has been cancelled if you don't have the notification? Quote Link to comment Share on other sites More sharing options...
Member2021 Posted March 23, 2021 Author Share Posted March 23, 2021 (edited) I was told at check-in before my flight. After having 3 flights cancelled, we finally got a flight on Sunday 21st March. When I attended the airport, they had to check my visa as the hostess wasn't sure if an 801 is the same as a resident visa (which is it based on the Visa Documentations I received when it was first granted). She called boarder control and was told that my visa had been cancelled in January. When I check my visa status on VEVO it states that I do not have a current Australian Visa. However, I have logged onto Immi and the lastest notification on there is my Visa Grant paperwork. The Global number for visa enquiries can only tell me that my visa was cancelled in January but can't tell me the reason. They have asked that someone get in touch with me with a notification. Edited March 23, 2021 by Member2021 Quote Link to comment Share on other sites More sharing options...
paulhand Posted March 23, 2021 Share Posted March 23, 2021 You won't solve this on a forum ... I suggest you seek some professional help ... Quote Link to comment Share on other sites More sharing options...
Member2021 Posted March 23, 2021 Author Share Posted March 23, 2021 Hi Paul, I appreciate your help. I will definitely be doing that. Do you have any suggestions on a good immigration lawyer or agent that has experience with this matter? I wanted to see if anyone has been through a similar experience that can shed some light in the matter. I also thought it may serve to waiting on the notification to engage some professional help. Quote Link to comment Share on other sites More sharing options...
MacGyver Posted March 23, 2021 Share Posted March 23, 2021 14 minutes ago, Member2021 said: Hi Paul, I appreciate your help. I will definitely be doing that. Do you have any suggestions on a good immigration lawyer or agent that has experience with this matter? I wanted to see if anyone has been through a similar experience that can shed some light in the matter. I also thought it may serve to waiting on the notification to engage some professional help. Paul is a migration agent - the link in his signature will take you to his website where you can initiate discussions. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted March 23, 2021 Share Posted March 23, 2021 Not to be too cynical, but to not know why your visa got cancelled sounds a little far fetched. For a partner visa, you relied on a lot of evidence, statutory declarations, police checks and so on. Were they all genuine? All the police checks etc? If so you have my sympathy, this is a nightmare. Quote Link to comment Share on other sites More sharing options...
Member2021 Posted March 23, 2021 Author Share Posted March 23, 2021 I think I would also be cynical if this wasn't happening to me. I wish it was too far fetched and I had received a notification then I would know how to proceed from here. Everything was all genuine, true and correct. I've had been with my partner for 6 years prior to application and have never committed a crime. As I said before just seeing if this is an extremely unlucky case for me or has anyone been having issues, particularly returning due to during the COVID restrictions in place. Thanks for your sympathy - this truly is an unexpected nightmare that I'm hoping will be over soon. 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted March 23, 2021 Share Posted March 23, 2021 2 hours ago, Member2021 said: I think I would also be cynical if this wasn't happening to me. I wish it was too far fetched and I had received a notification then I would know how to proceed from here. Everything was all genuine, true and correct. I've had been with my partner for 6 years prior to application and have never committed a crime. As I said before just seeing if this is an extremely unlucky case for me or has anyone been having issues, particularly returning due to during the COVID restrictions in place. Thanks for your sympathy - this truly is an unexpected nightmare that I'm hoping will be over soon. You should contact Paul above. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 23, 2021 Share Posted March 23, 2021 8 minutes ago, Tulip1 said: You should contact Paul above. I agree! You could be in all sorts of trouble if you were offshore and had a visa cancelled. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 23, 2021 Share Posted March 23, 2021 3 hours ago, Member2021 said: I think I would also be cynical if this wasn't happening to me. I wish it was too far fetched and I had received a notification then I would know how to proceed from here. Everything was all genuine, true and correct. I've had been with my partner for 6 years prior to application and have never committed a crime. As I said before just seeing if this is an extremely unlucky case for me or has anyone been having issues, particularly returning due to during the COVID restrictions in place. Thanks for your sympathy - this truly is an unexpected nightmare that I'm hoping will be over soon. Did you definitely have the visa granted and not just a bridging visa? Quote Link to comment Share on other sites More sharing options...
Member2021 Posted March 24, 2021 Author Share Posted March 24, 2021 Hello, I will proceed with engaging an immigration lawyer definitely. Yeh I was granted a permanent 801 visa. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 24, 2021 Share Posted March 24, 2021 54 minutes ago, Member2021 said: Hello, I will proceed with engaging an immigration lawyer definitely. Yeh I was granted a permanent 801 visa. You did validate it and live in Australia once it was issued I assume. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted March 24, 2021 Share Posted March 24, 2021 2 hours ago, Quoll said: You did validate it and live in Australia once it was issued I assume. This is a good question, but I haven't heard of cancellation for not activating - indeed it seems people have the been travelling with a letter saying they were unable to enter due to covid and the enter by being waived. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 24, 2021 Share Posted March 24, 2021 8 hours ago, Jon the Hat said: This is a good question, but I haven't heard of cancellation for not activating - indeed it seems people have the been travelling with a letter saying they were unable to enter due to covid and the enter by being waived. But if it was issued 2018 and not validated within the year then it would be cancelled I would have thought - may be a reason. 2 Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 24, 2021 Share Posted March 24, 2021 As a general note: If the minister (or a ministerial delagate) sends a correctly addressed communication, you are deemed to have received it; even if you did not. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 24, 2021 Share Posted March 24, 2021 12 hours ago, Member2021 said: Hello, I will proceed with engaging an immigration lawyer definitely. Yeh I was granted a permanent 801 visa. @Member2021, I dont think you need a lawyer. A good agent (like Paul or Westly who both commented on this thread) will do the job. An agent will be able to sort out whether the cancellation is genuine or some sort of mistake on their part. If Immigration can't be persuaded to change their minds, there is still no point in hiring an immigration lawyer. You might need a lawyer if you wanted to appeal the decision - but an appeal wouild take many months and cost you a fortune in legal fees. It will be cheaper, and far quicker, just to make a new partner application. They are being approved within weeks at the moment, from all accounts. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 25, 2021 Share Posted March 25, 2021 Under recent changes lawyers who know nothing much about immigration are permitted to give migration advice. The only time to retain the services of a lawyer, rather than a registered migration agent, for an immigration matter is if a court application is required. An experienced registered migration agent would be able to advise about this and prepare a brief for a lawyer. Some RMAs are also lawyers. 2 Quote Link to comment Share on other sites More sharing options...
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