July 26, 2024 • 7 mins
This episode was originally recorded for our Law Matters podcast for people in prison.
If you work with people in prison or other people who are on a visa, this episode may be relevant to you. We've included tips for community and support workers.
Legal Aid NSW has an Immigration Service which is a specialist service of Legal Aid NSW. They can provide free legal advice, assistance and representation about refugee law and other immigration matters. If you have an immigration or citizenship question, start with our team at LawAccess NSW. They can give you legal information and connect you with services that can help you, including the Legal Aid NSW Immigration Service. Click on the ‘Chat with us’ button at www.legalaid.nsw.gov.au or call 1300 888 529.
Disclaimer: This podcast is a general guide to the law. You should not rely on it as legal advice. We recommend that you talk to a lawyer about any particular situation. The information is correct at the time of publishing but it may change. For more information, start with our team at LawAccess NSW via webchat at www.legalaid.nsw.gov.au or on 1300 888 529.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Checker (00:00):
In my job often I'm speaking with people that have
(00:03):
only realized that they hold avisa once it gets cancelled.
Recently, I was speaking on anAVL with a prisoner who was a
New Zealander, and didn'trealize that not only did they
have a visa for Australia, buttheir visa had actually been
canceled. So it's really greatthat they came to Legal Aid and
got some advice.
Natalie (00:25):
Welcome to law for community workers. The episode
you're about to listen to wasrecorded for our other podcast,
Law Matters for people inprison, and we thought the topic
would also be helpful forcommunity workers or support
workers who help people inprison. Before we start, I would
like to acknowledge that we arerecording today on Gadigal land
(00:49):
and I pay my respects to Elderspast and present always was and
always will be Aboriginal land.My name is Natalie. I'm from the
Community Legal Education teamat Legal Aid New South Wales.
I'm very excited today to bejoined by Checker who's a lawyer
in the immigration team at LegalAid New South Wales. Checker,
(01:09):
can you please introduceyourself and tell us a little
bit about what you do?
Checker (01:14):
Thanks, Natalie. That's right. I'm a lawyer in Legal
Aid's immigration team. We're aspecialist team that provides
free and confidential legaladvice to prisoners who have a
problem with their visa.
Natalie (01:27):
We're talking about visa cancellation. What exactly
does that mean?
Checker (01:31):
So visa cancellation is a decision by the Department of
Home Affairs. Often thatdecision can be made because of
a person's criminal history, ora sentence they've received from
a court. It's important to knowthat a sentence of a term of
imprisonment of 12 months ormore will mean that your visa is
mandatorily. cancelled, even ifthe Department of Home Affairs
(01:51):
hasn't told you yet.
Natalie (01:54):
oes this affect who's affected by Visa cancellations?
Checker (01:57):
So visa cancellation can affect anyone with a visa,
and that includes a permanentvisa. If you don't have
Australian citizenship, and arenot an Australian citizen, you
might be a permanent resident.But even if your opponent
resident you can still have yourvisa cancelled
Natalie (02:12):
any type of visa like student visa, Visa any?
Checker (02:17):
That's right, yeah, skilled work visa, student visa
partner visa. Even if you camehere as a child and were
included on your parents oranother family member's visa,
that is a visa that couldpotentially be canceled.
Natalie (02:30):
So for visa cancellation, it's not
necessarily that the person isin prison, they could be in the
community, but still have theirvisa cancelled.
Checker (02:38):
That's right. Mandatory cancellation affects prisoners
most severely, because thosesentenced with a term of
imprisonment of 12 months ormore must have their visa
cancelled. But there are anumber of discretionary powers
that allow the Minister of HomeAffairs to cancel people's
faces. And that can encompasspeople in a lot of situations,
(02:59):
not just prisoners.
Natalie (03:01):
And how exactly does the visa cancellation happen?
Checker (03:04):
So you'll get a letter from the Department of Home
Affairs and immigration, it'simportant to look out for that
letter, you can arrive in prisonat any time, and a physical
paper copy will be handed to youby a prison officer. And
Natalie (03:17):
if somebody does get that letter, what do they do?
That
Checker (03:21):
letter will include a four page form, that's called
the revocation request.Basically, the revocation
request is your way ofrequesting your visa back, if
your visa has been cancelled,you need to ask the Department
of Home Affairs to give you avisa back and provide reasons
why you want your visa back.
Natalie (03:39):
Okay. So that's the important form to fill in, in a
lot of legal matters. There arethese very strict time limits is
that the case here as well,that's right,
Checker (03:47):
in visa matters, the time limits, perhaps stricter
than any other type of matter,you only have 28 days to submit
that revocation request form.And after that 28 days have
finished, there's no option toget more time. So that's why
it's really important that yousubmit your revocation Request
Form on
Natalie (04:06):
time checker. If you have one key message for people
listening today who are inprison and might be on a visa,
what would your key message be?
Checker (04:16):
It's definitely the time limits, it's critically
important that you submit thatrevocation request within the 28
days. And that's simply becausethe consequences for not doing
so could be really severe foryou. If you don't get this visa
back, you will be unable toapply for any other visas. And
it might mean going back to yourcountry of citizenship.
Natalie (04:37):
Thanks, checker, we've heard that the key message for
people in prison if they've hadtheir visa cancelled is to get
that revocation for me within 28days. If community worker
support worker is listeningtoday, what would be your key
message for them? Certainly
Checker (04:53):
top of mind is the 28 day time limit, but if prisoners
are in contact with communityworkers Like disability support
workers, counselors,psychologists, family violence
workers, those workers mighthold some really important
documentation like medicalreports and letters of support
that could really help thatprisoner. We would encourage
(05:14):
community workers to get theirclients consent to refer them to
legal aid. You can find theLegal Aid immigration team
contact details on our website.Thanks, Chicka.
Natalie (05:27):
To finish off, I am going to ask you some quickfire
true or false questions. Okay.If a person gets a sentence of
12 months or more, their visamust be canceled, true or false?
Checker (05:38):
That's true. 12 months or more, is what we call a
mandatory visa cancellation,that's when you know your visa
will definitely be cancelled,but your visa could also be
cancelled. If you've received asentence of less than 12 months
imprisonment, or a noncustodialsentence.
Natalie (05:53):
If a person gets their criminal sentence reduced on
appeal, they get their visa backtrue or false. That's
Checker (06:00):
false. Unfortunately, successful appeals do not mean
that you automatically get yourvisa back. However, successful
appeals will strengthen yourrequest for your visa back.
Natalie (06:10):
People whose visas are cancelled in prison will be told
within six months.
Checker (06:14):
No, that's false. Unfortunately, there's no way of
knowing when you'll get yourletter from Home Affairs telling
you that your visa has beencancelled, it could be handed to
you any day that you're inprison.
Natalie (06:25):
New Zealanders can be affected by basic cancellation
true or false.
Checker (06:31):
That's true. A lot of New Zealanders might also be
dual citizens of Australia. Butany New Zealander living in
Australia that's not anAustralian citizen can have
their visa cancelled.
Natalie (06:41):
And finally, a person should wait to speak to legal
aid before submitting theirforms are appealing, true or
false.
Checker (06:48):
That's false. We would always recommend that you
prioritize getting in your formson time. You can always speak to
a legal aid lawyer later becauseyou can always provide more
information to the Department ofHome Affairs later.
Natalie (07:00):
And speaking of contacting Legal Aid, how do
people do this?
Checker (07:05):
So you can always request a free and confidential
legal advice appointment withlegal aid. And you can do that
by using the prison cattle phonesystem and pressing hash to and
asking for the immigration team.
Natalie (07:16):
Thanks so much for your time today checker.
Checker (07:18):
Thank you, Natalie.
Natalie (07:21):
I hope that people learned something useful today
either for yourself so peopleyou know, who are on a visa.
Thanks again for joining us.
In my job often I'm speaking with people that have
(00:03):
only realized that they hold avisa once it gets cancelled.
Recently, I was speaking on anAVL with a prisoner who was a
New Zealander, and didn'trealize that not only did they
have a visa for Australia, buttheir visa had actually been
canceled. So it's really greatthat they came to Legal Aid and
got some advice.
Natalie (00:25):
Welcome to law for community workers. The episode
you're about to listen to wasrecorded for our other podcast,
Law Matters for people inprison, and we thought the topic
would also be helpful forcommunity workers or support
workers who help people inprison. Before we start, I would
like to acknowledge that we arerecording today on Gadigal land
(00:49):
and I pay my respects to Elderspast and present always was and
always will be Aboriginal land.My name is Natalie. I'm from the
Community Legal Education teamat Legal Aid New South Wales.
I'm very excited today to bejoined by Checker who's a lawyer
in the immigration team at LegalAid New South Wales. Checker,
(01:09):
can you please introduceyourself and tell us a little
bit about what you do?
Checker (01:14):
Thanks, Natalie. That's right. I'm a lawyer in Legal
Aid's immigration team. We're aspecialist team that provides
free and confidential legaladvice to prisoners who have a
problem with their visa.
Natalie (01:27):
We're talking about visa cancellation. What exactly
does that mean?
Checker (01:31):
So visa cancellation is a decision by the Department of
Home Affairs. Often thatdecision can be made because of
a person's criminal history, ora sentence they've received from
a court. It's important to knowthat a sentence of a term of
imprisonment of 12 months ormore will mean that your visa is
mandatorily. cancelled, even ifthe Department of Home Affairs
(01:51):
hasn't told you yet.
Natalie (01:54):
oes this affect who's affected by Visa cancellations?
Checker (01:57):
So visa cancellation can affect anyone with a visa,
and that includes a permanentvisa. If you don't have
Australian citizenship, and arenot an Australian citizen, you
might be a permanent resident.But even if your opponent
resident you can still have yourvisa cancelled
Natalie (02:12):
any type of visa like student visa, Visa any?
Checker (02:17):
That's right, yeah, skilled work visa, student visa
partner visa. Even if you camehere as a child and were
included on your parents oranother family member's visa,
that is a visa that couldpotentially be canceled.
Natalie (02:30):
So for visa cancellation, it's not
necessarily that the person isin prison, they could be in the
community, but still have theirvisa cancelled.
Checker (02:38):
That's right. Mandatory cancellation affects prisoners
most severely, because thosesentenced with a term of
imprisonment of 12 months ormore must have their visa
cancelled. But there are anumber of discretionary powers
that allow the Minister of HomeAffairs to cancel people's
faces. And that can encompasspeople in a lot of situations,
(02:59):
not just prisoners.
Natalie (03:01):
And how exactly does the visa cancellation happen?
Checker (03:04):
So you'll get a letter from the Department of Home
Affairs and immigration, it'simportant to look out for that
letter, you can arrive in prisonat any time, and a physical
paper copy will be handed to youby a prison officer. And
Natalie (03:17):
if somebody does get that letter, what do they do?
That
Checker (03:21):
letter will include a four page form, that's called
the revocation request.Basically, the revocation
request is your way ofrequesting your visa back, if
your visa has been cancelled,you need to ask the Department
of Home Affairs to give you avisa back and provide reasons
why you want your visa back.
Natalie (03:39):
Okay. So that's the important form to fill in, in a
lot of legal matters. There arethese very strict time limits is
that the case here as well,that's right,
Checker (03:47):
in visa matters, the time limits, perhaps stricter
than any other type of matter,you only have 28 days to submit
that revocation request form.And after that 28 days have
finished, there's no option toget more time. So that's why
it's really important that yousubmit your revocation Request
Form on
Natalie (04:06):
time checker. If you have one key message for people
listening today who are inprison and might be on a visa,
what would your key message be?
Checker (04:16):
It's definitely the time limits, it's critically
important that you submit thatrevocation request within the 28
days. And that's simply becausethe consequences for not doing
so could be really severe foryou. If you don't get this visa
back, you will be unable toapply for any other visas. And
it might mean going back to yourcountry of citizenship.
Natalie (04:37):
Thanks, checker, we've heard that the key message for
people in prison if they've hadtheir visa cancelled is to get
that revocation for me within 28days. If community worker
support worker is listeningtoday, what would be your key
message for them? Certainly
Checker (04:53):
top of mind is the 28 day time limit, but if prisoners
are in contact with communityworkers Like disability support
workers, counselors,psychologists, family violence
workers, those workers mighthold some really important
documentation like medicalreports and letters of support
that could really help thatprisoner. We would encourage
(05:14):
community workers to get theirclients consent to refer them to
legal aid. You can find theLegal Aid immigration team
contact details on our website.Thanks, Chicka.
Natalie (05:27):
To finish off, I am going to ask you some quickfire
true or false questions. Okay.If a person gets a sentence of
12 months or more, their visamust be canceled, true or false?
Checker (05:38):
That's true. 12 months or more, is what we call a
mandatory visa cancellation,that's when you know your visa
will definitely be cancelled,but your visa could also be
cancelled. If you've received asentence of less than 12 months
imprisonment, or a noncustodialsentence.
Natalie (05:53):
If a person gets their criminal sentence reduced on
appeal, they get their visa backtrue or false. That's
Checker (06:00):
false. Unfortunately, successful appeals do not mean
that you automatically get yourvisa back. However, successful
appeals will strengthen yourrequest for your visa back.
Natalie (06:10):
People whose visas are cancelled in prison will be told
within six months.
Checker (06:14):
No, that's false. Unfortunately, there's no way of
knowing when you'll get yourletter from Home Affairs telling
you that your visa has beencancelled, it could be handed to
you any day that you're inprison.
Natalie (06:25):
New Zealanders can be affected by basic cancellation
true or false.
Checker (06:31):
That's true. A lot of New Zealanders might also be
dual citizens of Australia. Butany New Zealander living in
Australia that's not anAustralian citizen can have
their visa cancelled.
Natalie (06:41):
And finally, a person should wait to speak to legal
aid before submitting theirforms are appealing, true or
false.
Checker (06:48):
That's false. We would always recommend that you
prioritize getting in your formson time. You can always speak to
a legal aid lawyer later becauseyou can always provide more
information to the Department ofHome Affairs later.
Natalie (07:00):
And speaking of contacting Legal Aid, how do
people do this?
Checker (07:05):
So you can always request a free and confidential
legal advice appointment withlegal aid. And you can do that
by using the prison cattle phonesystem and pressing hash to and
asking for the immigration team.
Natalie (07:16):
Thanks so much for your time today checker.
Checker (07:18):
Thank you, Natalie.
Natalie (07:21):
I hope that people learned something useful today
either for yourself so peopleyou know, who are on a visa.
Thanks again for joining us.
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