New provisions have been inserted into the Migration Act which requires visa cancellation without notice for people who are in prison and who fail the character test because of this. This will affect those who are currently serving a full-time sentence of imprisonment and are either found to not pass the character test because they have a sentence of imprisonment of 12 months or more at any time, or have been found guilty of a sexually based offence involving a child, even if this has not resulted in imprisonment.
These provisions require mandatory cancellation without notice. Those whose visa is cancelled under these provisions will become an unlawful non-citizen. You can seek revocation of a mandatory cancellation decision to reverse the decision and reinstate your visa. If you have not applied for revocation within 28 days, you lose the opportunity to apply and will be removed from Australia at the earliest opportunity.
If you think you will be affected by these new provisions, it is imperative that you contact our team at The Migration Place as soon as possible so we can prepare an application to revoke a cancellation. You will not be given notice of cancellation so your visa may be cancelled at any time.
Our contact details are (07) 3229 4025 or mail@themigrationplace.com