Visa Compliance and Cancellation

VISA COMPLIANCE 1
Visa Refusal
Name
Affiliation
Instructor
Date

VISA COMPLIANCE 2
Visa compliance and cancellation
Question One: Cancellation Powers
The Department of Home Affairs can rely on Section 501 of the 1958 Migration Act to cancel
or refuse to cancel a visa. This power is vested on the Minister. In addition, Direction No. 65
also uses the term “decision maker” hereby meaning a minister or an Administrative
Appeals Tribunal has the ability to exercise their powers under section 501 of the Migration
Act 1958. Following the 2 stage decision-making process, the Department can decide to
cancel her visa because of the thresholds set under section 501 of the Migration Act. From
her comments, she indicates that she submitted fake IELTS test during her application.1 This
is a sufficient ground that will make the department cancel her Visa because she has failed
the character test. While applying for a visa, one must provide accurate, true and reliable
information. Any form of incorrect information leads to cancellation of a visa. Under
Direction No. 65, the department should determine whether a Visa holder is has a good
character or not. For this to be considered, this directive gives further guidance by stating
that relevant circumstances have to be taken into consideration- including a complete
picture of the person’s character.2 These determinations are based on one’s past or present
conduct. Falsification of documents is a criminal offense and this is also taken into
consideration.
1 Migration Act 1958 (Cth), s 501(6)
2 Ministerial Direction No. 65