[2025] EWHC 2219 (Fam)

Ms. Souvlakis’ report then goes on to detail the various processes for cancellation of the visa (i) by the Department of Home Affairs before entering Australia (including cancellation without notice or the issue of a Notice of Intention to Consider Cancellation (‘NOICC’), the relevant timescales (so far as they can be known) and the grounds that can be taken into account in any request that a cancellation be reconsidered); (ii) by Border Force officials at the airport; and (iii) by the Department of Home Affairs after entering Australia (including the use of the NOICC and timescales (again so far as known)). If cancelled under s116 Ms. Souvlakis states that M “will have moderate strength arguments” in favour of revocation of the cancelation and if A is either living with M in Australia or intends to do so “his interests as a minor child will be given considerable weight” in favour of revocation but that the weighing of the above considerations is subjective, and the final decision will rest with the delegate conducting the assessment. In her supplementary report Ms. Souvlakis clarifies that the time period varies significantly, from 5-10 working days to 1-3 months depending on the grounds provided in response and various other factors. Her report also sets out the appeal process that may be invoked following cancellation and the applicable timescales which are considerably longer (10-18 months).

Ms. Souvlakis’ report also states that before a decision to cancel the visa is made, M will have work rights as the SC 482 visa will be in effect including during the NOICC period. Thereafter if she seeks to review the decision to cancel, she may be eligible for a Bridging Visa E (subclass 050) which can be granted with no work limitations but it will be at the discretion of the delegate to grant work rights.