If someone in your family is in prison and their visa has just been cancelled, this page explains what happens next in plain language.
A cancellation like this is called a mandatory visa cancellation. It happens automatically. There is no warning and no chance to explain your side first. That feels unfair, and many families are shocked by how fast it happens.
In most cases there is a way to respond. You can ask for the cancellation to be undone, and that request is called a revocation request. It is usually the most important document in the matter, and it is subject to a strict deadline.
What “mandatory cancellation” means
Where certain conditions are met while a person is serving a prison sentence, the visa is cancelled without the usual process. There is generally no hearing and no warning letter beforehand, so the first thing most families see is the cancellation notice itself.
What it means in practice
From that point the person no longer holds a visa. In most cases they move into immigration detention when their sentence ends, and removal from Australia becomes a real prospect.
Your one real chance to be heard
The revocation request is where you make your case. You are asking the decision maker to cancel the cancellation and give the visa back.
If that request is refused, you may be able to ask the Administrative Review Tribunal to review the visa cancellation decision. Time limits here are short and usually cannot be extended.
You do not get to argue your case before the cancellation. You get to argue it afterwards. So the revocation request has to be strong the first time.
Why waiting until court is too late
A recent Federal Court case is a useful illustration. The Court reviewed a decision refusing to undo a mandatory cancellation and left it in place, because the decision had been properly made and explained. It is a reminder that later stages tend to look at how a decision was made, not whether a different decision would have been better.
Two very different types of review
Here is the part families need to understand:
| Tribunal review | Court review | |
|---|---|---|
| What it asks | Was this the right decision? | Was the decision made properly? |
| New evidence | Usually allowed | Usually not allowed |
| What it means for you | Your evidence can change the outcome | You are stuck with what was already filed |
In practice, this means material left out earlier is generally not considered later. For more on how the two stages differ, see our guide to the difference between Tribunal review and court review.
The lesson: put everything in early. Not later. Early.
What tends to matter
What is relevant depends heavily on the individual circumstances, and no two matters call for the same material. Broadly, though, these decisions tend to turn on a few themes:
- The background to the offending and what has happened since
- The person’s ties to Australia, including family and community
- The effect removal would have on others, particularly children
- What the person would face in the country they would return to
How those themes should be presented, and what supports them, is a matter of judgement in each case. That assessment is part of what we do when we take a matter on, rather than something to work through from a list.
If your family member is already in detention
Act now. We provide help for people in immigration detention, including urgent cases.
Check the deadline today
Find the date on the cancellation notice, work out the deadline from that date, and lodge before it. Late requests generally cannot be accepted, however strong the underlying circumstances.
Common questions
Can we appeal the cancellation itself?
No, because it happened automatically. What you can do is ask for it to be undone, and if that is refused, apply to the Tribunal where you have the right to.
Does being in prison mean there is no hope?
Not necessarily. These matters are decided on their individual circumstances, and being in prison does not by itself close off the process. Acting within the deadline is important.
Can we add new evidence later in court?
Generally not. Later stages tend to focus on whether the decision was properly made, based on the material already before the decision maker. This is why the earlier stages matter so much.
The revocation request was already refused. What now?
Check your review rights and your deadline straight away, as they vary depending on the circumstances and can be short. It is worth having this looked at quickly.
Talk to us
HECT Migration & Appeal Experts work on visa cancellation and refusal matters, including prison and detention cases. We check the deadline first, then assess what your particular situation calls for. Book a strategy consultation and we will tell you honestly where you stand.
Source: JRX25 v Minister for Immigration and Citizenship [2026] FCA 1170 (Dowling J), Federal Court of Australia, reported in HECT’s migration update of 20 August 2026. The law referred to is the Migration Act 1958 (Cth), sections 501(3A) and 501CA.
This is general information, not advice about your own case. Cancellation matters are urgent — speak to a registered migration agent or lawyer as soon as you can.
