My visa may be cancelled. What do I do?

Last checked: 1 November 2026

The short answer

If Home Affairs is thinking about cancelling your visa, it will usually send you a letter called a notice of intention to consider cancellation and invite you to respond. For many cancellations of people in Australia, you have only 5 working days to respond, so read the letter the day it arrives. Write back in time and explain why the grounds are wrong or why your visa should not be cancelled, with evidence. If your visa is cancelled, you may be able to ask the ART to review the decision, but the time limits are short.

Key dates and time limits

• For a proposed cancellation under section 116 while you are in Australia, you have 5 working days from when you are notified to respond. The Department can extend this by a further 5 working days.
• For other kinds of notice, including character notices, the time to respond is written in the notice. Check it straight away.
• Mandatory cancellation while in prison: ask for the cancellation to be revoked within 28 days after you are given the notice.
• ART review of a cancellation (not on character grounds): 28 days after you are notified, or 14 days if you are in immigration detention. No extensions.
• ART review of a character decision under section 501 or 501CA made while you are in Australia: 9 days after you are notified. No extensions.

Step by step

1. 1

   Read the notice carefully

   The notice says why the Department thinks there are grounds to cancel, what information it relies on and how and when to respond. Note the date you received it and the response deadline. If you do not respond in time, the Department can decide without hearing from you.

2. 2

   Get advice straight away

   Call a free legal service, a lawyer or a registered migration agent on the day you receive the notice. Give them a copy of the notice. If you need more time, ask the Department in writing before the deadline passes.

3. 3

   Write your response

   Explain why the ground does not exist, or why your visa should not be cancelled even if it does. Include your ties to Australia, your family and children here, your work or study, and anything that explains what happened. If you were exploited at work, say so and give the evidence.

4. 4

   Keep following your visa conditions

   Keep to every condition while you wait for the decision. Check your conditions in VEVO if you are not sure. A further breach can make things worse.

5. 5

   If your visa is cancelled

   The decision letter tells you the reason and whether you can ask the ART to review it. Apply within the time limit. Your bridging visa linked to that visa may end too, but you may be able to apply for a Bridging visa E so you can stay lawfully. Visas held by your family members that depend on yours may also be cancelled.

6. 6

   If you are in prison and your visa was cancelled automatically

   This is a mandatory cancellation. The ART cannot review it, but you can ask the Department to revoke it within 28 days. Ask prison staff to book you in with Victoria Legal Aid's prison advice service, and send your request on time even if you have not yet spoken to a lawyer.

Who can help

Forms and the law