Migration Lawyers
Australia’s immigration laws include mandatory visa cancellation provisions. They were introduced by the Migration Amendment (Character and General Visa Cancellation) Act 2014. This page is for those that have received notification that their visa has been cancelled under the mandatory cancellation provisions, and for those that have a relationship with someone in that situation.
The 491 SBO (Small Business Owner) Pathway visa is designed to reward visa holders that invest in local business communities in regional Queensland. It helps to provide employment continuity and job creation in rural communities. By encouraging small business owners to stay in regional Queensland, there will be less pressure on city infrastructure. The idea is to encourage migrants to integrate into regional communities while promoting opportunities for local residents and contribute to regional economic development.
Some New Zealand citizens that were in Australia on 26 February 2001 or were normally resident here for at least one year of the two years before that date are considered eligible New Zealand citizens. They are advantaged because they too can sponsor their partners and children for a permanent Australian visa in the same way that Australian citizens and Australian permanent residents can using the Visa subclass 461.
A new initiative to attract highly skilled movers and shakers in seven designated industry sectors has become operational via the Global Talent Visa (subclass 858 onshore or 124 offshore). Unlike other visa applications, applicants will be allocated a dedicated Home Affairs contact to guide them through the process. Applications will receive the highest processing priority and will be fast-tracked to permanent residency.
The visa is called the Sponsored Parent (Temporary) visa and it has been designated subclass 870. The successful applicant will be granted a visa that would allow a stay for 3 years or for 5 years per visa grant. The visa can be applied for more than once, but to a maximum of 10 years. There are no work rights.
As a measure to help businesses based in regional Australia, and to promote growth in rural areas, two new provisional visas opened to applications in November 2019. Both visas offer a pathway to a permanent visa after first spending sufficient time in regional Australia and meeting other eligibility criteria. A third new visa will become available in due course to holders of either of these two visas. The first two visas are “provisional” and the third visa is permanent.
Some student visa holders become eligible for a visa with unlimited work rights after they graduate. This is known as the Subclass 485 – Temporary Graduate visa. The Department of Home Affairs has announced that international students who graduate from regional campus of an institution with a higher education or postgraduate qualification, or from a registered university, will be eligible for an additional Temporary Graduate visa valid for an extra 12 months if they maintain residence in a regional area. The successful applicant will be required to remain in regional Australia while holding the second subclass 485 visa.
Non-citizens including Australian permanent residents, New Zealand citizens, temporary visa holders, and visa applicants could become subject to new legislation that can result in a visa cancellation or a visa application refusal. Cancellation of a visa means that the former visa holder will become an ‘unlawful non-citizen’ and subject to mandatory detention. Visas that are cancelled under character provisions are subject to removal from Australia, and a permanent re-entry bar.
Our Migration Lawyers:
Why use Potts Migration Lawyers?
Litigation Director Craig DoRozario, is a registered migration agent (MARN 1910298) and experienced lawyer. He is fully qualified to provide you with both immigration assistance and immigration legal advice in preparing for any contested hearings in a tribunal or court. Craig has decades of experience working on thousands of matters where clients have complex dealings with government departments, employers, or professional bodies.
Craig will assist you with any immigration matter, including applications for any type of visa from start to finish.
You can trust us a reputable, independent law firm, with a reputation for excellence, to act professionally and ethically and to deal with trust funds strictly in accordance with requirements placed on solicitors. This provides you with a level of reassurance not available with all migration advisors.
As lawyers, we are able to guide and assist you with any appeal in tribunals or court matters, which arise in the processing of your visa application.
Additionally, if your immigration matter is a result of alleged criminal conduct, we are the largest private client criminal defence firm in Queensland, and have over a century of combined experience. We are constantly recognised by our clients, peers and barristers as one of the leading criminal law practices in Australia. Our teams work closely together to provide you with the most comprehensive advice on how best to deal with each of your matters.
Visa Cancellations on Character Grounds
Our migration lawyer, Craig DoRozario (MARN 1910298) has decades of experience dealing with contested disciplinary matters that arise from criminal proceedings. Since 2014, there has been a 1400% increase in the number of visa cancellations and deportations, with the vast majority being mandatory as a result of criminal convictions. At Potts Lawyers, our immigration law team on the Gold Coast and Brisbane works with our dedicated criminal law team to assist you in fully understanding the legal situation you face. We advocate fiercely on your behalf in each area of law.
This includes representing you in criminal courts to defend your matter or making submissions in relation to mitigating factors for a penalty. Our immigration lawyers concurrently represent you against any action taken by the Commonwealth Department of Home Affairs, including submissions on why your visa should not be cancelled, and if applicable, appeals to the Administrative Appeals Tribunal or the Federal Court of Australia.
Our Gold Coast and Brisbane immigration lawyers are always upfront about potential outcomes from the very first meeting to allow you the most time to settle your affairs and prepare.
The Migration Act 1958 (Cth) is complicated legislation which contains a number of mechanisms that allow the Minister to cancel your visa if the Minister suspects you are a member of a criminal organisation, are not of good character, would engage in criminal conduct, incite discord in the Australian community, or represent a danger to the Australian community, amongst others. Additionally, the Minister must cancel your visa in certain circumstances where imprisonment based on a criminal sanction is involved (see our article here for more information).
Our immigration lawyers in Brisbane and the Gold Coast are experienced in dealing with such matters on behalf of our clients, and making competent submissions with reference to relevant legal factors that must be considered.
Visa Cancellations for Alleged Breaches of Conditions, Student Visas, Business Visas and Others
Our Gold Coast and Brisbane immigration lawyers are also able to advise clients facing visa cancellations or deportations for matters other than character grounds / criminal conduct. The Department of Home Affairs has powers to cancel visas due to incorrect information, changes in circumstances, non-compliance with visa conditions, potential health and safety risks to the Australian community or individuals, domestic violence, a person no longer being a genuine student, amongst others.
Dealing with such matters can be extremely stressful, and our team can assist in providing you with comprehensive advice and advocate for you on your behalf.
Click here to obtain more information on visa cancellations. It is important you contact us immediately if you have received a notice of cancellation as strict time limits apply and you should obtain legal advice from our immigration lawyers.
New Australian Citizenship Pathway for New Zealand Citizens
New rules have made the pathway for New Zealand citizens applying for Australian Citizenship even faster than before.
Our expert lawyers provide assistance for New Zealand citizens to apply for Australian Citizenship, regardless of where you live in Australia.
Find out more:
Next Steps
To obtain a free 20 minute consultation in relation to your immigration matter, please contact our office on (07) 5532 3133. Your immigration matter will be conducted by Craig DoRozario (MARN 1910298).
Code of Conduct: https://www.mara.gov.au/tools-for-registered-agents/code-of-conduct