According to the Department, failure to report circumstance changes in your visa application can result in visa cancellation, or visa refusal.
On the 27 September 2019, a case went through the Federal Court, which involved a woman that had been granted a Subclass 475 Skilled – Regional Sponsored visa for Australia. Before coming to Australia, the visa applicant failed to disclose details of a significant change in her medical condition after receiving the visa grant. Failing to provide this information in her visa application resulted in the cancellation of her visa.
According to section 104 of the Migration Act, any applicant has a duty to report changes in circumstances, which may alter the answers that were given on the visa application form. The applicant has a duty to report these changes that may occur any time, from the date that the application was filed, until the time that the applicant transfers through immigration clearance.
In this case, the visa applicant became aware that she had kidney failure before she was set to travel to Australia and take up residence. Shortly after arriving in Australia, the visa holder went to the hospital and told the medical staff that she would need regular dialysis. The doctors at the hospital reported her to the Department, which subsequently resulted in the cancellation of her visa.
During the court case, the visa applicant sought to challenge the cancellation of her visa on the grounds that she had not known about her medical condition until after the visa was granted. This submission was rejected by the Federal Court and ruled that, although the applicant claimed that she had a lack of knowledge about her medical condition, she still had a duty to report these changes in her circumstances.
This case shows just how important it is to report changes in circumstances during your visa application. Failure to update your answers on your visa application when circumstances chance in a material way can be detrimental to your visa grant.
- If you do not abide by section 104 o the Act by notifying the Department of your changed circumstances, then your visa could likely be cancelled under the Migration Act 1958.
- If your visa has already been granted, the information provided on the visa application form will be considered when determining whether your visa should be cancelled.
- If you are an applicant but have not yet received your visa grant, then the information provided on your form will be taken into consideration when assessing your application.
- If you are in Australia and your visa has been cancelled, then you will become an unlawful non-citizen, which may lead to you being detained and removed from Australia.
- If you are outside Australia and your visa is cancelled and you still travel to Australia, then you will be refused immigration clearance and will have to leave Australia.
- If you find that you have provided any incorrect information on your visa application form, then you must notify the Department.
- The cancellation of a visa that has already been granted is not automatic, which means that if you are in Australia, you can comment on the grounds for possible cancellation before the final decision on the cancellation is finalised.
Make sure you update your details and inform the Department of any changes that may arise in your circumstance. This case showed the adverse consequences of concealing information and failing to update answers on a visa application. Remember that this can result in visa refusals and possible cancellation. If you are any queries, in relation to your visa application or would like to know more about section 104 of the Migration Act, please get in touch with the team at Results Migration.
If you are looking to study, visit, work or migrate to Australia, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on [email protected] and book your free consultation today!