The Refugee Council of Australia has warned refugees on protection visas with pending visa or citizenship application of visa cancellation if they travel overseas.
RCA said the number of people who have lost their protection visas while overseas has recently increased.
“This has occurred after they have lodged a citizenship or visa application, a further visa application, or been included as a sponsor to a third person’s visa application,” it said in a statement on Monday.
“You should not travel overseas if you have applied for Australian citizenship or have a visa application pending…”
It has also advised refugees not to get out of the country if they have been asked to comment on their visa or citizenship applications, or received a ‘Notice of Intention to Consider Cancellation/refusal’.
“If you travel in these cases, your visa may be cancelled while you are overseas, without you knowing and with no right to have the decision changed,” the statement read.
Under section 128 of the Migration Act 1958, the Department of Immigration can cancel a person’s visa for "various reasons”, including incorrect information in a previous visa application, without giving any notice intention to cancel the visa, the statement said.
“If this happens, you will be sent notice of the cancellation of your visa, but only given seven days to provide detailed reasons as to why your visa should be given back to you. If you miss the seven day cut off, you cannot ask for the decision to be changed and you cannot appeal this decision to the Administrative Appeals Tribunal.”
RCA has advised people under these circumstances to seek advice from their lawyers before travelling overseas.
It has also told them that if they receive a letter about their applications while overseas to immediately talk to their lawyer.
SBS Dari has contacted the Department of Home Affairs for comment.
