Cancellation
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Notice of Intention to Consider Cancellation of a Business Skills visa
If during the three year monitoring period it comes to the attention of the department that there may be grounds for the cancellation of the Business Skills Visa, a 'Notice of Intention to Consider Cancellation' (NOICC) will be sent to the holder of the visa.
This notice will outline the grounds upon which the cancellation is being considered and ask the visa holder to respond. The response must be provided by a certain date, giving reasons why the visa should not be cancelled and should include any documentation the visa holder would like considered in support of their claims.
If the visa holder does not respond within the required time, a decision will be made as to whether to cancel the visa, based on the information already held by the department.
Note: The date by which the response to the NOICC is required cannot be extended in any circumstances.
If the information provided in the response is sufficient to satisfy the department that the visa holder is meeting the relevant visa requirements, or making genuine efforts to do so, the visa holder will be advised that cancellation will not be pursued.
Cancellation of the Business Skills visa
In making a decision to cancel, the department will take into account:
- your engagement in the day to day management at a senior level in an eligible business
- any evidence of genuine effort that you have made to engage in the day to day management at a senior level in an eligible business
- the length of time spent in Australia, since your initial arrival in Australia
- the degree of hardship which may be caused to Australian citizens or permanent residents if your visa were cancelled
- any unreasonable hardship you might suffer if your visa were cancelled
- your ties, (including family, social and business ties) to other countries
- the circumstances in which the ground/s for cancellation arose
- the seriousness of the grounds for cancellation
- the effort you have made to provide information to the department when reasonably requested to do so.
If the department decides that there are grounds for cancellation, the visa will be cancelled and the visa holder will be advised accordingly.
If the visa is cancelled while the visa holder is in Australia they will become an unlawful non-citizen, unless granted a further visa, (if applicable). If the holder of the visa becomes an unlawful non-citizen, they may be detained and removed from Australia.
If they have family unit members, (that is, spouse, dependent children) in Australia who hold Business Skills visas because the primary applicant held a Business Skills visa, then their visas may also be cancelled.
In this case they also will become unlawful non-citizens, and may be detained and removed from Australia.
Review of cancellation decision
Applications can be made to the Administrative Appeals Tribunal (AAT) for a review of the cancellation decision. Applications for review by the AAT must be made within 28 days of receipt of the notification of decision.
However, to allow for postage, notices sent to an address outside Australia are deemed to have been received 21 days after the date of the notice. In this case there is a total of 49 days from the date of the notice in which to apply to the AAT for review.
If the holder applies for review by the AAT and the AAT decides in the applicants favour, then the Business Skills visa is deemed not to have been cancelled.