Thiếu hụt kỹ năng tạm thời (TSS) - Visa loại 482 - Luồng ngắn hạn
Visa Cancellation
Visa cancellation can occur for various reasons, including non-compliance with visa conditions, providing false information, or changes in circumstances that affect the basis on which the visa was granted. The Migration Act 1958 provides several grounds for visa cancellation, including:
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Non-Compliance with Visa Conditions: Under Section 116 of the Migration Act 1958, a visa may be cancelled if the holder fails to comply with the conditions of their visa. This includes not informing the Department of Home Affairs (DHA) of changes in circumstances, such as the end of a relationship for a Partner visa holder.
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Character Grounds: Section 501 of the Migration Act 1958 allows for visa cancellation if the visa holder does not pass the character test. This can include having a substantial criminal record or being considered a risk to the Australian community.
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False or Misleading Information: Providing false or misleading information in a visa application can lead to cancellation under Public Interest Criterion (PIC) 4020. This criterion is designed to maintain the integrity of the visa system by ensuring that all information provided is accurate and truthful.
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Change in Circumstances: If the circumstances that allowed for the grant of the visa no longer exist, such as the end of a relationship for a Partner visa, the visa may be cancelled under Section 116(1)(a)(i).
Deportation Process
Once a visa is cancelled, the individual may become an unlawful non-citizen and subject to deportation. The deportation process involves several steps:
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Notification: The individual will receive a notice from the DHA informing them of the visa cancellation and the reasons for the decision. This notice will also outline the individual's rights to appeal the decision.
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Detention: If the individual becomes an unlawful non-citizen, they may be detained by the Australian Border Force. Detention is a temporary measure while arrangements for deportation are made.
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Appeal: The individual has the right to appeal the visa cancellation decision. This can be done through the Administrative Appeals Tribunal (AAT) or, in some cases, through judicial review in the Federal Court. The appeal process allows the individual to present new evidence or argue that the decision was made in error.
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Deportation: If the appeal is unsuccessful, the individual will be deported from Australia. Deportation involves the removal of the individual from the country and may include a re-entry ban, preventing them from returning to Australia for a specified period.
Conclusion
Visa cancellation and deportation are serious matters with significant consequences for the individuals involved. It is essential for visa holders to understand their obligations under Australian immigration law and to seek legal advice if they face the risk of visa cancellation. Compliance with visa conditions and providing accurate information are key to maintaining lawful status in Australia.
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