Visa Cancelled at Airport in Australia: What Partners Must Do Now

A visa cancelled at airport is one of the most frightening events a couple can face. The traveller lands in Australia, is taken aside at the border, and is told the visa may be cancelled. The Australian partner is waiting in the arrivals hall with no idea what is happening. If the visa is cancelled at airport immigration clearance, the traveller can be detained and placed on a return flight within a very short time.

This guide is written for the Australian partner and for the traveller. It explains what a visa cancelled at airport actually means in law, which cancellation powers officers use at the border, how little time there is to respond, why the Administrative Review Tribunal usually cannot review the decision, what happens with detention and removal, and how a visa cancelled at airport affects a future partner visa. It also sets out the steps the Australian partner should take in the first hours.

The firm's commercial page on visa cancellations explains how My Migration Lawyers acts on cancellation matters generally. For matters that cannot wait, the firm's page on urgent visa lodgements explains how urgent work is handled, and the page on urgent partner visa lodgement explains how a partner visa is prepared quickly when time matters. If the couple was already planning a partner visa, the complete guide to partner visas in Australia sets out each subclass and stage.

Visa cancelled at airport: what has actually happened?

A visa cancelled at airport means an officer of the Department of Home Affairs has decided, while the traveller was in immigration clearance, that a ground to cancel the visa exists and that the visa should be cancelled. The traveller no longer holds the visa from that moment.

Immigration clearance is the process at the border where a person shows their passport and visa evidence to an officer or an automated system. Until a person is immigration cleared, they have arrived in Australia but have not been allowed to enter in the legal sense. A visa cancelled at airport immigration clearance is therefore a decision made at the very moment the traveller is trying to enter.

The Department uses a specific form for this situation. Form 1111 is titled "Notice of intention to consider cancellation under section 116 of the Migration Act 1958" and is marked "For use in immigration clearance". It has four parts:

• Part A: the notice of intention to consider cancelling the visa, which sets out the possible ground and invites the traveller to comment at an interview.
• Part B: the officer's record of decision, including the traveller's response and the officer's assessment.
• Part C: the notification of a decision to cancel the visa.
• Part D: the notification of a decision not to cancel the visa. Part D states that the visa has not been cancelled and that the person has been immigration cleared.

That structure matters. A visa cancelled at airport is not meant to happen without warning. The officer must first tell the traveller the possible ground and give an opportunity to comment. What the traveller says at that interview, and what the Australian partner can supply in support, can change the outcome.

Visa cancelled at airport or refused immigration clearance?

A visa cancelled at airport is different from a person being refused immigration clearance without any cancellation. A person can be refused immigration clearance because they do not hold a visa at all, for example where an electronic travel authority was never granted, or because their documents do not match. Where a visa is held, refusing clearance usually follows the cancellation decision. Form 1111 itself warns that, if the visa is cancelled, the person becomes an unlawful non-citizen unless they hold or are granted another visa, and may be refused immigration clearance, detained and removed from Australia.

In practice, couples often describe both events as a visa cancelled at airport. The legal difference affects which documents exist and what options are open, so the first step is always to find out exactly what decision was made and under which provision.

Which powers are used when a visa is cancelled at airport immigration?

Most visas cancelled at airport immigration clearance are cancelled under section 116 of the Migration Act 1958, the general power to cancel. Other powers, including section 128, sections 133A and 133C, and section 501, can also be used in some cases.

Section 116: the general cancellation power

Section 116(1) allows the Minister, or a delegate, to cancel a visa if satisfied of one of the listed grounds. The grounds most often relied on when a visa is cancelled at airport are these:

• Section 116(1)(a): the visa was granted on the basis of a fact or circumstance that no longer exists. A common example is a visitor visa granted for a holiday where the traveller now appears to be moving to Australia to live with a partner.
• Section 116(1)(b): the holder has not complied with a condition of the visa, such as a past breach of a work condition.
• Section 116(1)(d): where the holder has not been immigration cleared, the visa would be liable to cancellation for incorrect information under Subdivision C if the holder had been immigration cleared. This covers incorrect answers on the visa application or the incoming passenger card, bogus documents, and failing to notify changes in circumstances under sections 101 to 105.
• Section 116(1)(e): the holder's presence is or may be a risk to the health, safety or good order of the Australian community, or to the health or safety of an individual.
• Section 116(1)(g): a prescribed ground in regulation 2.43(1) of the Migration Regulations 1994 applies.

Regulation 2.43(1) contains several grounds that are directly relevant to a visa cancelled at airport. For a Subclass 600 visitor visa that is not in the Business Visitor or Frequent Traveller stream, paragraph (j) allows cancellation where the officer is satisfied that the holder did not have, or has ceased to have, an intention only to visit Australia temporarily. Similar grounds apply to the Subclass 601 electronic travel authority in paragraph (ea), the Subclass 651 eVisitor in paragraph (ka) and the Subclass 976 electronic travel authority in paragraph (k). Other grounds include a conviction for an offence while holding a temporary visa (paragraph (oa)), an incorrect Australia Travel Declaration (paragraph (na)), certain biosecurity contraventions (paragraph (s)) and importing prohibited goods (paragraph (t)).

For couples, the visitor intention ground is the most common reason a visa is cancelled at airport. Officers may search the traveller's phone or luggage and find messages about moving in together, job searches, a wedding, or a large amount of personal belongings. The officer may then ask whether the traveller intends to stay with the Australian partner long term. Those facts do not automatically prove a ground, but they are the facts officers rely on. The firm's guides on whether you can apply for a partner visa while on a tourist visa and on moving from a tourist visa to a partner visa explain why a genuine relationship and a genuine visit are not inconsistent, and why the way the visit is described matters. The short answers on bringing a spouse to Australia on a visitor visa and on a husband on a tourist visa who has just married deal with the same tension from the other direction.

Section 128: cancellation of a visa held by a person outside Australia

Section 128 allows a visa to be cancelled while the holder is outside Australia without first giving notice. The Department then notifies the former holder, who can ask for the cancellation to be revoked under section 131. Some travellers only discover a section 128 cancellation at check-in or on arrival. A section 128 cancellation is therefore sometimes described as a visa cancelled at airport, even though the decision was made before the flight.

Sections 133A and 133C: the Minister's personal powers

Sections 133A and 133C allow the Minister, acting personally, to cancel a visa on the grounds in section 109 or section 116. Decisions under these powers are not reviewable by the Administrative Review Tribunal. If the Minister later revokes a cancellation under section 133A(3) or section 133C(3), the visa is taken never to have been cancelled.

Section 501: character cancellations at the border

Section 501 allows a visa to be refused or cancelled on character grounds. Character cancellations can occur at the border, for example where a criminal record is identified on arrival. A section 501 cancellation is treated very differently from a section 116 cancellation, both for review and for future visas. The firm's guide on partner visas and section 501 character concerns and the short answer on getting a partner visa after a section 501 cancellation explain the consequences in detail. The wider character test is covered in the guides on partner visa character requirements and on applying for a partner visa with a criminal record.

How long does the traveller have to respond to a notice at the airport?

The traveller usually has a very short time to respond when a visa may be cancelled at airport immigration clearance. Form 1111 invites the traveller to comment at an interview held at a stated time and place, and the officer records the time the notice was received and the time the interview started.

The form says the interview should start "a reasonable period" after the notice is given. It does not set a fixed number of hours, and in practice the period is short because the traveller is held at the airport while the decision is made. This is the single most important practical fact about a visa cancelled at airport: the response is often made in person, in the same session, without a lawyer in the room.

What the officer must consider

Except where cancellation is mandatory under regulation 2.43(2), Form 1111 lists factors the officer may take into account in deciding whether to cancel, including:

• the purpose of the traveller's travel to Australia;
• the extent of compliance with visa conditions now and on previous occasions;
• the degree of hardship that cancellation may cause to the traveller or their family, including the best interests of any child in Australia under 18;
• the circumstances in which the ground for cancellation arose;
• the traveller's behaviour towards the Department, now and on previous occasions; and
• whether there are mandatory legal consequences of a cancellation decision.

Those factors give the Australian partner a real role. Hardship to an Australian citizen or permanent resident partner, an Australian child, a pregnancy, a booked return flight, a genuine reason for the visit and a history of complying with previous visas are all matters the officer may weigh. Even where a ground exists, Part D of Form 1111 allows the officer to decide that the reasons not to cancel outweigh the reasons for cancellation.

Why the first answers matter so much

The traveller's answers at the interview are recorded in Part B of Form 1111. If the traveller gives inconsistent answers, or denies a relationship that later forms the basis of a partner visa application, those answers can be used against them later. The firm's guides on incorrect answers found by the Department and on whether to mention your partner on a visitor visa application explain why honesty about the relationship protects the couple's future options.

The traveller can ask for an interpreter. Form 1111 has a section recording interpreter details, including the Translating and Interpreting Service number. A traveller who does not fully understand English should ask for an interpreter before answering questions.

Visa cancelled at airport: what the Australian partner must do now

The Australian partner must act immediately when a visa is cancelled at airport, or when the traveller has been given a notice of intention to consider cancellation. The order of steps matters.

• Find out what has happened. Ask the airline, the airport information desk or the Australian Border Force for confirmation that the traveller is being held for an immigration interview. If the traveller can message, ask them to send a photograph of every page they have been given.
• Identify the decision and the power. Find out whether the officer has issued a notice of intention to consider cancellation (Form 1111 Part A), a decision to cancel (Part C) or a decision not to cancel (Part D), and which section and ground are ticked.
• Gather relationship evidence now. Collect proof that the relationship is genuine and that the trip had a lawful purpose: a return ticket, leave approval from the traveller's employer, accommodation bookings, evidence of past compliance, photographs, messages and any existing partner visa plans.
• Gather hardship evidence. Collect evidence of the impact of cancellation on the Australian partner and any children, such as a birth certificate, a pregnancy letter, medical evidence or evidence of care responsibilities.
• Get legal advice before further answers are given. Contact a lawyer who can advise on what can be put to the officer, in what form, and whether a written submission can be sent while the interview is pending.
• Do not encourage the traveller to sign anything they do not understand. The traveller should read every document, ask for an interpreter if needed and keep copies.
• Plan for the next 24 hours. If the visa is cancelled at airport, the traveller may be detained and removed quickly. The partner should be ready with the traveller's onward contact details, money for any costs and a plan for communication.

The firm's guide on urgent immigration lawyer advice and what to prepare before you call lists the documents a lawyer will usually ask for first. Evidence of the relationship itself is discussed in the guide on how to prove your relationship is genuine. The kinds of questions officers ask couples are similar to those in the guides on partner visa interview questions and on the sponsor interview, and answers given at the airport should be consistent with what the couple will later say in a partner visa application. The guide on what happens at an immigration lawyer consultation explains how a first urgent consultation works.

Can a visa cancelled at airport be reviewed by the ART?

No, in most cases. A decision to cancel a visa made while the holder was in immigration clearance is not a reviewable migration decision under section 338(3) of the Migration Act, so the Administrative Review Tribunal cannot review a visa cancelled at airport in the ordinary case.

Section 338(3) makes most cancellation decisions reviewable where the visa holder is in the migration zone at the time of the decision. However, the Department's policy on merits review lists the exceptions. A cancellation is not reviewable under section 338(3) where it:

• is a decision to cancel the bridging visa of a person who is in immigration detention because of that cancellation (which is dealt with separately under section 338(4));
• is made at a time when the person was in immigration clearance;
• was made under section 133A or section 133C, section 134, or section 501; or
• was made personally by the Minister under section 109, section 116 or section 140(2).

Form 1111 reflects this. Its review rights section states that the decision is reviewable only if it is a decision to cancel a bridging visa and the person is placed in immigration detention because of that decision, or a decision to cancel a protection visa that was not made on certain excluded grounds. For an ordinary visitor visa or electronic travel authority cancelled at airport immigration clearance, the Department's notice will state that the traveller is not eligible to apply to the Tribunal.

That is the key difference between a visa cancelled at airport and a visa cancelled after the person has entered Australia. Form 1099, which the Department uses for section 116 cancellations outside immigration clearance, states that the person is eligible to apply to the Tribunal for review. The firm's guide on partner visa cancellation review options and deadlines explains that onshore review pathway, and the guide on how to respond to a partner visa cancellation notice explains how a written response is prepared when there is more time.

Family members' visas

Where a visa is cancelled under section 109, 116, 128 or 137J, section 140 cancels by operation of law a visa held by another person only because they are a member of the family unit of the cancelled visa holder. Department policy states that, because no separate decision to cancel is made, a section 140 consequential cancellation is not itself reviewable under section 338(3). A child travelling as a dependant on the same visa can therefore lose their visa at the same time.

Judicial review of a visa cancelled at airport

Judicial review is the main legal challenge to a visa cancelled at airport. A court does not decide whether the cancellation was the right decision on the merits. It decides whether the decision was made lawfully, for example whether the traveller was given the required notice and a real opportunity to respond, whether the officer considered the matters the law required, and whether the decision was legally unreasonable.

Sections 477, 477A and 486A of the Migration Act set a time limit of 35 days from the date of the migration decision to apply to the Federal Circuit and Family Court, the Federal Court or the High Court, and the court may extend that time if satisfied it is necessary. In practice, the traveller may already have been removed before proceedings start. The firm's page on judicial review and the short answer on the difference between Tribunal review and judicial review explain when court proceedings are realistic.

Revocation requests

Some cancellation powers have a revocation process. A section 128 cancellation of a visa held by a person outside Australia can be revoked under section 131, and Department policy states that the effect of revocation is as if the visa were granted again on revocation. A cancellation by the Minister personally under section 133A or section 133C can be revoked by the Minister, and the visa is then taken never to have been cancelled. Character cancellations under section 501 have their own revocation provisions. There is no general revocation process for an ordinary section 116 decision made in immigration clearance.

Where a revocation path exists, the request must address the specific ground and be supported by evidence. A request that only says the traveller is sorry, or that the couple is in love, rarely addresses what the decision maker must consider. Where a character decision is involved, the guide on partner visa character refusals and your options explains how character issues are argued. The firm's page on visa refusals covers refusal decisions across visa types.

Detention and removal after a visa cancelled at airport

After a visa cancelled at airport, the traveller becomes an unlawful non-citizen unless they hold or are granted another visa, and is liable to be detained and removed from Australia. Form 1111 states this directly in its notification of decision.

An unlawful non-citizen in the migration zone must be detained under section 189 of the Migration Act. Section 198 requires removal of an unlawful non-citizen as soon as reasonably practicable in a range of situations. For a person refused immigration clearance at an airport, removal often means being placed on a return flight, sometimes on the same airline that brought them.

Can the traveller apply for another visa from the airport?

The options are very limited. The Migration Act places significant restrictions on visa applications by people in immigration detention, particularly people who have been refused immigration clearance. Whether any application can be made, and which visa, depends on the exact circumstances and must be assessed at once. The short answer on applying for a partner visa from immigration detention explains the general position, and the guide on bridging visas in Australia explains which bridging visas exist and who can hold them.

A Subclass 820 partner visa also has a time of decision rule that matters here. Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the Subclass 820 visa is granted. A person held at the airport after a visa cancelled at airport cannot be granted the visa in that position.

Does marrying or having an Australian partner stop removal?

No. Having an Australian partner, or marrying one, does not stop removal by itself. The relationship is relevant to hardship and to future visa options, but it does not give a right to stay. The short answer on whether marrying an Australian citizen can stop removal explains why.

Hypothetical example

Consider a hypothetical traveller who arrives on a Subclass 600 visitor visa to visit her Australian fiancé. The officer finds wedding planning messages and a one-way ticket and issues Form 1111 relying on regulation 2.43(1)(j). If she explains the purpose of her trip clearly, shows a return booking made before travel and her employer's leave approval, and her fiancé supplies evidence of hardship, the officer may still decide not to cancel. If she gives inconsistent answers and the visa is cancelled at airport immigration clearance, she is likely to be detained and removed, and the couple must then plan a Subclass 300 or Subclass 309 application from overseas. The example is illustrative only. The short answer on the difference between the Subclass 820 and Subclass 309 partner visas explains the two main pathways the couple would then compare.

Exclusion periods after a visa cancelled at airport

A visa cancelled at airport can trigger exclusion periods, but which ones apply depends on the visa later applied for. For partner visas, the position is better than many couples fear.

Public interest criterion 4013: the 3-year cancellation exclusion

Public interest criterion 4013 provides that a person affected by a risk factor cannot be granted a visa until three years have passed since the cancellation of their previous visa, unless the decision maker is satisfied there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The risk factors include cancellations under section 116, section 128 or section 133C on certain prescribed grounds, including the visitor intention grounds in regulation 2.43(1)(j), (k) and (ka), and cancellations on the risk ground in section 116(1)(e).

However, PIC 4013 only applies if it is listed as a criterion for the visa applied for. The Department's policy on exclusion periods states expressly that PIC 4013 and PIC 4014 are criteria for a Subclass 417 working holiday visa but not for a Subclass 309 partner visa. The public interest criteria listed for the Subclass 309, Subclass 820 and Subclass 300 visas do not include PIC 4013. A visa cancelled at airport under section 116 therefore does not, by itself, create a 3-year exclusion for a partner visa.

That point is often stated wrongly. Many travellers are told they are banned for three years after a visa cancelled at airport. Form 1111 itself says only that the person "may" become subject to an exclusion period of "up to 3 years". For a later visitor visa, PIC 4013 may well apply. For a partner visa, it does not.

Special return criterion 5002: the 12-month removal exclusion

Special return criterion 5002 applies to a person who was removed from Australia under section 198, section 199 or section 205. It prevents grant of the visa if the person applies within 12 months of removal, unless the decision maker is satisfied there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

SRC 5002 is a criterion for the Subclass 309 visa (clause 309.226) and the Subclass 300 visa (clause 300.224) where the applicant has previously been in Australia. So, where a visa cancelled at airport is followed by removal, a Subclass 309 or Subclass 300 application made within 12 months will need a waiver. An Australian citizen or permanent resident partner, and any Australian children, are exactly the people whose interests the waiver protects, but the circumstances must be shown with evidence. The short answer on getting a partner visa after being deported explains the difference between removal and deportation.

Special return criterion 5001: the permanent character bar

SRC 5001 is a permanent exclusion with no waiver. It applies, among other things, to a person whose visa was cancelled under section 501, section 501A or section 501B, unless the cancellation has been revoked under section 501C(4) or section 501CA(4) or the Minister has personally granted a permanent visa after the cancellation. SRC 5001 is a criterion for the Subclass 309 and Subclass 300 visas. A character-based visa cancelled at airport is therefore far more serious for a partner visa than a section 116 cancellation, and revocation of the character decision becomes the central issue.

Public interest criterion 4020: false or misleading information

PIC 4020 is a criterion for all three partner visas. PIC 4020(1) requires that there is no evidence that the applicant gave a bogus document or information that was false or misleading in a material particular in relation to the current application or a visa held in the 12 months before the application was made. If a visa cancelled at airport involved incorrect answers on a passenger card or false statements to the officer, a partner visa lodged within 12 months may face PIC 4020. PIC 4020(1) can be waived under PIC 4020(4) where compelling circumstances affecting the interests of Australia, or compelling or compassionate circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen, justify grant. There is no waiver for the identity requirements in PIC 4020(2A) and (2B).

Tribunal decisions in the firm's research show how PIC 4020 issues have been dealt with on review. In HASSAN (Migration) [2019] AATA 6523, a Subclass 300 case, the recorded issues were that the applicant had given false or misleading information, the requirements of PIC 4020 were waived and a dependent child had been born of the relationship. In PHAM (Migration) [2019] AATA 6298, a Subclass 309 case, the recorded issues included a breach of PIC 4020, a genuine and continuing relationship and compassionate circumstances. In Fajloun (Migration) [2023] AATA 2639, a Subclass 820 case, the recorded issues were an Australian citizen sponsor and children, compassionate circumstances affecting the interests of Australian citizens, and a failure to meet PIC 4020. Each of these matters was sent back to the Department for reconsideration. They show the kind of evidence that is relevant to a waiver. They do not predict the outcome in any other case.

The firm's guides on partner visa PIC 4020 risks and response options and on false information refusals under PIC 4020 explain the waiver test in more detail. Where a later partner visa is refused, the firm's page on partner visa refusals explains how review is approached.

What a visa cancelled at airport means for a future Subclass 309 partner visa

For most couples, a visa cancelled at airport means the next step is a Subclass 309 partner visa lodged from outside Australia. The Subclass 309 is the provisional offshore partner visa, combined with the permanent Subclass 100 in one application.

A visa cancelled at airport does not stop a valid Subclass 309 application being made. The questions that matter are which exclusion criteria apply at the time of decision and whether the relationship evidence is strong enough. In summary:

• PIC 4013 is not a criterion for the Subclass 309 visa, so a section 116 cancellation does not trigger the 3-year exclusion for this visa.
• SRC 5002 applies if the traveller was removed and the application is made within 12 months, unless waived.
• SRC 5001 applies permanently if the cancellation was under section 501 and has not been revoked.
• PIC 4020 may apply if false or misleading information was given in relation to a visa held in the 12 months before the application, unless waived.
• The ordinary criteria still apply, including the genuine and continuing relationship, sponsorship, health and character.

The visa must also be granted while the applicant is outside Australia. The short answer on whether you need to be outside Australia when the Subclass 309 is granted explains that rule. The firm's page on the Subclass 309 partner visa sets out the full criteria, and the guides on the offshore partner visa and on offshore lodgement mistakes that delay your visa explain the process. A Subclass 309 application must be lodged while the applicant is outside Australia, as the short answer on whether an offshore partner visa is invalid if lodged in Australia explains.

Explaining the visa cancelled at airport in the application

A partner visa application asks about previous visa cancellations and refusals. The answer must be complete and accurate. Hiding a visa cancelled at airport would itself create a PIC 4020 problem and a possible ground for later cancellation. The better approach is to disclose it fully, explain what happened, and address it with evidence. The relationship statement of each partner, the Form 888 statements of supporting witnesses and the documents for the four assessed aspects of the relationship (financial, household, social and commitment) should present a consistent account. The firm's guides on completing Form 888 and on the genuine and continuing relationship test explain how that evidence is put together.

If a Subclass 309 is later refused, the visa applicant applies to the Administrative Review Tribunal in their own name under section 338(9) of the Migration Act, not the sponsor. As at October 2026, the Tribunal's fee for a Part 5 migration review is $3,580, with a 50% reduced fee available in cases of financial hardship. The short answer on who must apply for review of an offshore spouse visa refusal and the guide on partner visa ART fees explain the position. The ART review deadline for a Subclass 309 refusal must be checked on the decision letter as soon as it arrives, and the guides on the partner visa appeal deadline and on how the partner visa ART review process works explain the steps. The firm's page on urgent ART visa refusal applications explains how urgent review applications are handled. Police certificates for the offshore application are covered in the guide on overseas police certificates, and government charges are explained in the guide on partner visa cost.

Prospective marriage visa after a visa cancelled at airport

Where the couple is engaged rather than married or in a de facto relationship, the Subclass 300 prospective marriage visa is the usual alternative. The same SRC 5001 and SRC 5002 rules apply under clause 300.224, and PIC 4013 is not listed in clause 300.223. The firm's page on the Subclass 300 prospective marriage visa explains the criteria, including the requirement to marry within the visa period.

Onshore options after a visa cancelled at airport

Onshore partner visa options after a visa cancelled at airport are narrow, and they are only relevant where the traveller has not been removed. The main issues are the section 48 bar, Schedule 3 criteria and the rule that a Subclass 820 visa cannot be granted while the applicant is in immigration clearance.

The section 48 bar

Section 48 limits further visa applications by a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering. A partner visa is one of the visas that can still be applied for, but a person affected by section 48 must meet additional validity requirements, including lodging the sponsorship at the same time as the application and providing two supporting declarations from Australian citizens, permanent residents or eligible New Zealand citizens confirming the relationship. The firm's guide on the partner visa section 48 bar explains those requirements.

Schedule 3 criteria

A person who is not the holder of a substantive visa when applying for a Subclass 820 visa must also meet the Schedule 3 criteria, unless they are waived on the basis of compelling reasons. In 1814675 (Migration) [2020] AATA 3017, a Subclass 820 case in the firm's research, the recorded issues were an application made more than 28 days after the last substantive visa was held, the cancellation of a student visa and a lengthy unlawful stay, and the sponsor's mental health. The matter was sent back to the Department for reconsideration. The firm's page on Schedule 3 waivers and the guide on Schedule 3 criteria when you are unlawful explain the test.

Is an onshore application realistic after a visa cancelled at airport?

In most cases, no. A person held after a visa cancelled at airport is in detention and has not been immigration cleared, the Subclass 820 visa cannot be granted in immigration clearance, and removal is usually rapid. Where a person was immigration cleared and their visa was cancelled later, the position is different and the guide on what happens to a partner visa application if your current visa is cancelled and the firm's page on the Subclass 820 partner visa apply. The guide on onshore versus offshore partner visas compares the two pathways.

What about the Australian partner as sponsor?

A visa cancelled at airport is a decision about the traveller, not the sponsor. It does not, by itself, affect whether the Australian partner can sponsor a partner visa. The sponsorship limitations in regulation 1.20J and the relevant offence rules in regulation 1.20KC turn on the sponsor's own history, such as previous sponsorships and criminal convictions.

The Australian partner still has an important role. The sponsor's evidence about the relationship, the reason for the trip and the hardship caused by separation is often the strongest material in a waiver request under SRC 5002 or PIC 4020. The firm's guides on what the Australian partner must do as sponsor and on sponsor documents explain the sponsor's obligations, and the page on partner visa sponsorship limitations explains when a sponsor cannot sponsor. Where the sponsor's own permanent visa is under threat, a different set of issues arises, discussed in the guide on a sponsor whose PR is under cancellation.

Common mistakes after a visa cancelled at airport

Couples make the same mistakes again and again after a visa cancelled at airport. Each one can make a later partner visa harder.

• Assuming a 3-year ban applies. For a partner visa, PIC 4013 does not apply. Couples sometimes wait three years for no legal reason.
• Lodging a partner visa too quickly without addressing the cancellation. A Subclass 309 lodged within weeks, with no explanation of the visa cancelled at airport and no waiver submission for SRC 5002 or PIC 4020, invites refusal.
• Giving a different account later. If the traveller denied the relationship at the airport and the partner visa application describes a long relationship, the inconsistency must be explained honestly.
• Not obtaining the decision record. The decision record in Form 1111 Part B is the starting point for any judicial review, revocation request or later application. If it was not handed over, it can be requested.
• Travelling again on a visitor visa too soon. A new visitor visa application may face PIC 4013 and closer scrutiny. The guides on partner visa after a visitor visa refusal and on visiting Australia during partner visa processing explain the risks.
• Treating the cancellation as a relationship problem. A visa cancelled at airport is usually about the purpose of a visit, not the relationship. The relationship can still support a partner visa if the evidence is prepared properly.

The firm's guide on a partner visa after visa cancellation and the short answer on applying for a partner visa if your visa was cancelled cover the wider cancellation picture.

How My Migration Lawyers acts on a visa cancelled at airport

My Migration Lawyers deals with complex partner visa and cancellation cases, acts in many matters where a partner's visa has been cancelled or a traveller has been refused entry, and is capable of handling a visa cancelled at airport from the first hours through to a later partner visa. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

On a visa cancelled at airport matter, the firm:

• identifies the exact decision, the power used and the ground relied on, using the notice and decision documents the traveller was given;
• where a notice is still pending, prepares a written response for the officer addressing the ground and the factors in Form 1111, supported by relationship and hardship evidence from the Australian partner;
• advises the traveller on what to say and what not to sign, and on asking for an interpreter;
• assesses whether judicial review is available and realistic within the 35-day limit, and whether a revocation request applies where the power allows one;
• works out which exclusion criteria apply to a later application, including SRC 5002, SRC 5001 and PIC 4020, and confirms that PIC 4013 does not apply to a partner visa;
• prepares the Subclass 309 or Subclass 300 application from overseas, including a full disclosure of the visa cancelled at airport and a waiver submission where one is needed;
• prepares each partner's relationship statement, which each of them reviews and corrects, together with Form 888 statements and evidence for the four assessed aspects; and
• responds to Department requests and section 57 letters, and acts on review at the Administrative Review Tribunal if a later partner visa is refused.

The firm acts for couples across Australia by video consultation, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide, with its office at Level 1, 60 Martin Place, Sydney. Couples who need help with the offshore application can read the short answer on who can help with an offshore Subclass 309/100 partner visa and the guide on hiring an offshore partner visa lawyer. Those who want to know how a lawyer can help after cancellation can read can a lawyer help with a partner visa after my visa was cancelled. More short answers are collected in the partner visa questions hub, and the steps to arrange advice are set out in how to book a consultation with My Migration Lawyers.

A visa cancelled at airport leaves very little time. If your partner has been stopped at the airport, or a visa cancelled at airport has already separated you, Book a Consultation with My Migration Lawyers, or call 1300 040 300.