Visa Cancellation and Legal Implications

This assignment examines the legal framework surrounding visa cancellation in Australia. It delves into the powers granted to consular officers and parliamentary ministers to cancel visas, outlining the conditions under which such cancellations can occur. The text explores the implications of visa cancellation, including entry restrictions and potential legal sanctions. It also considers specific cases, such as Aldon's situation, where a self-proclaimed assistant minister's actions may raise concerns about legality.

Immigration Law
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Question 1
Aldon understands that a decision under s 501(3) of the Migration Act 1958 (Cth) must
be made by the Minister for Home Affairs personally. Given that the decision to cancel
Aldon’s visa was made by the Parliamentary Secretary, Aldon seeks advice as to
whether he can challenge the decision? (10 marks)
In Australia, the Migration Act 1958(Cth) 501 allows the minister to cancel visa of a
permanent citizen on grounds of lack of good character. Once the visa is revoked the person
should be deported to his/her country of origin. Aldon can therefore challenge the decision
made by the Parliamentary Secretary because he does not have the legal mandate to revoke
his visa. The legal mandate is given to Home affairs minister. 1 However, Section 501 gives
grounds for visa cancellation where the immigration department is satisfied that the holder of
the visa is likely to engage in criminal activity or conduct in the country. Second, if the visa
holder represents danger to the community. Third, the visa holder would incite discord in the
country. Fourth, is not of good character.2 The Act gives power to the minister to cancel a
visa without applying any procedures like giving prior notice to the visa holder or inviting the
visa holder to respond.
This Regulation establishes the form of a visa issued to a foreign citizen, the procedure and
conditions for its execution and issuance, extension of its validity, restoration in case of loss,
as well as cancellation and applies to all categories of visas.
The cancellation of the visa means that Aldon is in the country illegally and is therefore
unlawfully in the country . Thus he should apply for a new bridging visa so that he can pply
to the administrative appeals. A tribunal for his visa will sit and deliberate whether to
reinstate the visa or if he will be ordered to leave the country. 3 The cancellation was done by
1 John Vrachnas, Migration And Refugee Law In Australia (Cambridge University Press, 2007).
2 Joanna Howe and Rosemary J Owens, Temporary Labour Migration In The Global Era.
3 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 2012).

the Parliamentary secretary whose has no legal mandate or authority to cancel Aldons visa
which means that Aldon has a big chance of winning the appeal. Section 501 of the
immigration Act only gives powers to revoke a visa to the minister.
In making the decision to cancel Aldon’s visa, the Parliamentary Secretary did not
strictly consider and apply Direction no. 65. Aldon seeks your advice as to whether this
fact has an adverse effect on the legality of the decision made? (10 marks)
If the Parliamentary Secretary did not consider and apply direction no.65, it means that he did
not check on the considerations provided for in Part A, Part B and Part C . thus, will have an
effect on the legality of the decision made. Part A identifies the considerations that should be
looked into and which are relevant in the determination as to whether to exercise discretion
when cancelling a non citizen visa. Annex A of the Act is important because it gives direction
on how to apply character test. This means that before cancelling Aldons Visa, the
parliamentary secretary did not follow the guidelines set in Direction no. 65 and therefore the
decision to cancel the visa may have been wrong because direction no.65 guidelines were not
applied. Aldon is only being suspected of being a member of a gang , the parliamentary
secretary should have ensured that the character test is done according to the law to determine
whether Aldon has failed the character test. The decision to cancel the visa must be given in
full consideration of the circumstances of the case. The purpose of direction no.65 is to
provide guidance to decision makers who exercise powers under section 501 of the
immigration Act4 . This was important for the parliamentary secretary to follow the
guidelines given by direction no.65 so as to give Aldon the due process needed before
cancelling the visa.
4 For Your Information (Australian Law Reform Commission, 2008).

Question 3
Given the decision to cancel Aldon’s visa, what will happen to Aldon in accordance with
the Migration Act 1958
Aldo is a Citizen of Southern Sudan and his Visa may be revoked by only the minister of
Home Affairs as per the Migration Act. Any other person cannot revoke Aldos visa. It is an
illegality according to the law. Aldo must be repatriated to his home country of South Sudan
since he is engaging in African gang which are outlawed and illegal.
The general consuls are in charge of issuing the visa on behalf of their country, unless the
State does not delegate this function to other officials; nevertheless, each State within its
sovereignty, decides who enters or not its territory. In the case of Australia, Migration Act
1958 of the immigration and nationality law states that, "After the issuance of a visa or other
documentation to any foreigner, the consular officer or the Minister of Home Affairs may at
any time at his discretion, revoke said visa or other documentation. 5Notification of such
revocation will be notified to the Attorney General, and such revocation will invalidate the
visa or other documentation of the date of issue.
What is the legal effect of the cancellation of the visa to a foreigner by any province? First of
all, it must be established that the causes of cancellation of the visa can be multiple, but
almost all are divided into two groups, "canceled" and "canceled without prejudice", when the
visa is canceled without prejudice, it is almost its great majority by the expiration or term of
term, so that it is not stolen or supplanted, and the procedure for the new obtaining has no
difficulty; However, when the visa is canceled only or canceled with prejudice, the injured
must perform a tortuous procedure to obtain a pardon by the State that canceled the visa
within its sovereign and unquestionable faculties.
5 Trischa Mann, Australian Law Dictionary.

Consequently, the cancellation of the visa produces as a direct effect, in the first place, a
serious suspicion, which falls on the person subject to the cancellation of the visa.6 In the case
of Australia, section of the immigration and nationality law delegates this power over the
consular officer, at his discretion, only with the obligation to notify the attorney general of the
matter.
In any case, the foreigner who cancels the visa, is prohibited and inhibited from entering the
territory of the State that canceled the visa, cannot call those territories to reach any country,
cannot enjoy economic and food delicacies in those territories, and can only enter that
territory, in case of being extradited.
Question 4
Aldon seeks your advice as to whether this fact will impact on the legality of the decision
made
6 David Barker, Essential Australian Law (Routledge/Cavendish, 2007).

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The parliamentary ministers declared himself an assistant minister which is an illegality. He is
not recognized under the law as the Assistant minister for Home affairs. Although Aldo is
involved in an African criminal gang, he still has a valid visa until the minister for Home affairs
is back to office.7 This is according to Migration Act ( 1958) .The reasons why a valid visa can
be canceled in Australia are many and its consequences too.
Keep in mind that Australia authorities are the only ones with the authority to grant and cancel
any visa for that country, and in their decisions there is no obligation to provide any explanation
about their reasons. 8If a visa has been canceled it is possible that it can be requested again,
depending on the existence or not of sanctions notified and other factors. That depends on the
specific case.
For legal sanctions in your country of residence, political affairs and other diplomatic and
security reasons.
The most common cause is to stay in Australia for longer than allowed.
Another important and frequent cause is when the immigration control officer (CBP) who is in
Australia Customs or gateway, believes that a person who was previously granted the visa was
7 Callie Harvey, Cornerstones Of Australian Law (Tilde University Press, 2009).
8 Patrick Parkinson, Tradition And Change In Australian Law.

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ineligible or inadmissible to enter Australia or was became ineligible or inadmissible after
having been approved the visa can proceed to its cancellation.
If the consular officer at the port of entry assumes or is certain that the foreigner is going to work
in Australia. Only citizens, residents and holders of visas that allow work or have a work permit
can work legally. In any case, foreigners with a tourist visa can accept paid work. The Australian
authorities are the only ones with the power to grant visas and they are the only ones that can
cancel them. If you want to keep the visa, do not incur any activity not allowed according to
Australian immigration laws.9It is much easier to get a visa and keep it than to solve the
problems created by a canceled visa. If you already have it, protect it and avoid cancellation by
complying with the law.
9 CALLIE HARVEY, FOUNDATIONS OF AUSTRALIAN LAW (TILDE UNIV PR, 2017).

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References
Barker, David, Essential Australian Law (Routledge/Cavendish, 2007)
For Your Information (Australian Law Reform Commission, 2008)
Harvey, Callie, Cornerstones Of Australian Law (Tilde University Press, 2009)
HARVEY, CALLIE, FOUNDATIONS OF AUSTRALIAN LAW (TILDE UNIV PR, 2017)
Howe, Joanna and Rosemary J Owens, Temporary Labour Migration In The Global Era
Mann, Trischa, Australian Law Dictionary
Parkinson, Patrick, Tradition And Change In Australian Law
Vrachnas, John, Migration And Refugee Law In Australia (Cambridge University Press, 2007)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 2012)