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Medical visa cancellation
Get informed about medical visa cancellations
The nedical treatment visa (subclass 602) allows individuals who require medical treatment or donate organs to stay in Australia temporarily. However, like any other visa type, the subclass 602 visa is subject to certain conditions and requirements set forth by the Australian government. In some cases, the visa may be cancelled due to various reasons, necessitating an understanding of the circumstances and procedures surrounding such cancellations.
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Reasons for a medical treatment (subclass 602) visa cancellation
Normally, you may have your subclass 602 visa cancelled on three main grounds
When granting a Medical Treatment visa, the Department usually attaches specific visa conditiions in your visa grant letter. It is of utmost importance for you to understand and comply with these conditions, as any breach of them may result in the termination of your Medical Treatment visa.
The following condition(s) might be attached to your visa:
- No work (condition 8101)
- Maximum 3 months study (condition 8201)
- No further stay (condition 8503)
You may not meet the character requirements if:
- You have a substantial criminal record, that is if you have committed an offence and been sentenced to imprisonment of 12 months or more
- You have been convicted of a sexual offence involving a child
- You have been convicted of escaping from immigration detention
- You have committed an offence while you were in immigration detention, during an escape from immigration detention, or after an escape but before you were taken into immigration detention again
- You have been convicted of a domestic violence offence
- The Australian government considers you would pose a risk to the Australian community.
It is crucial to recognize that providing false or misleading information, whether intentionally or inadvertently, can lead to the cancellation of your visa, even after it has been granted. The Department possesses the authority and resources to conduct thorough checks and verifications to confirm the accuracy of the information you have provided during the visa application process. It is a common misconception to assume that the Department lacks adequate means to verify the given information. On the contrary, they are well-equipped to scrutinize all the documents, ensuring the integrity of the visa program. Therefore, it is imperative to be entirely truthful and accurate in all your interactions with the Department, as any discrepancies can have serious consequences for your Medical Treatment visa status
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Consequences of a medical treatment visa cancellation
The cancellation of a subclass 602 visa carries significant consequences including:
- Becoming unlawful non-citizen and being obliged to leave Australia promptly
- Risk of immigration detention and deportation
- Negative record in immigration history
- Challenges in obtaining a new visa to re-enter Australia
- Financial and emotional hardships
Visa cancellation process
Navigating the complexities of visa cancellations can be daunting. This section provides an overview of the process, all the way through to the filing of submissions and the determination of your application. We emphasise the importance of representation throughout the process to ensure your interests are protected. Our experienced team offers dedicated support, ensuring that every client is well-informed and prepared for every stage of their visa journey. Our process includes the following steps:
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and outcome
We will represent you in the AAT or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.
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What should you do if your medical treatment visa is cancelled?
If your Australian medical treatment visa is rescinded, it is vital to initially understand the reasons for the cancellation. Obtain comprehensive details from the authorities regarding the rationale, as this information will empower you to make well-informed decisions about your subsequent actions. Seeking guidance from a registered migration agent or an immigration lawyer is highly advisable. They can provide expert advice, clarify your rights, and help you determine whether you have grounds to contest the cancellation.
It's crucial to note that you might have the option to challenge their decision through the Administrative Review Tribunal (ART) for a merits review or pursue judicial review through the court system. These avenues can serve as means to dispute the visa cancellation and have your case reexamined. If considering an appeal, ensure strict adherence to the specified time limits and submit any necessary supporting documentation or evidence to fortify your case.
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How to avoid a medical treatment visa cancellation
To avoid getting your subclass 602 visa cancelled, you should:
- Understanding and comply with all visa conditions
- Provide truthful and accurate information
- Notify the Department of any changes
- Obey Australian laws and regulations
- Consult with immigration professionals whenever you are unsure about your visa status
Benefits of using an immigration lawyer
Engaging an immigration lawyer when facing Medical Treatment visa cancellation offers invaluable benefits. Immigration laws are intricate and ever-changing, and immigration lawyers possess the expertise and up-to-date knowledge necessary to navigate these complexities. They can tailor a customized legal strategy to your specific case, ensuring that you understand the reasons for the visa cancellation and guiding you through the intricate legal procedures involved. Additionally, an immigration lawyer can communicate on your behalf with the Department of Home Affairs, advocating for your case professionally and maximising your chances of a successful resolution.
- Lawyers can provide appropriate assistance tailored to your unique situation
- Suggest alternative visa options
- Our skilled professionals can assist in the appeal process, presenting a strong case before the Administrative Review Tribunal (ART) or pursuing a judicial review
- Their expertise ensures that all necessary legal requirements are met and that your case is effectively advocated, maximizing the chances of a successful appeal
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Learn moreFrequently asked questions
Read our most frequently asked questions:
What are the common circumstances for the cancellation of a Medical Treatment visa (subclass 602)?
Medical Treatment visas may be cancelled for various reasons, including failure to comply with visa conditions, providing false information or documentation, changes in medical circumstances affecting the need for treatment, or if the Australian government deems the visa holder to be a risk to public health or safety.
What rights do I have if my Medical Treatment visa is cancelled while I am in Australia?
If your Medical Treatment visa is cancelled, you retain the right to appeal the decision or request a review. During this process, it's crucial to present a strong case and potentially provide new information or evidence that may support your appeal. Seeking legal representation from an immigration lawyer can significantly enhance your chances of a successful appeal or review.
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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