Tip Series - Visa Cancellation: it is commonly said that if a person's visa is cancelled, all other visas held by the same person are automatically cancelled. With respect, that is not the case.
It is true that, for instance, if a person holds a substantive visa and a BVA and for some reason the substantive visa is cancelled, the BVA ceases to be in effect. However, that is very different from stating that the cancellation of a substantive visa leads to the automatic cancellation of any other visas held by the same person (including the BVA), for 2 reasons.
Firstly, what happens to a BVA in the above circumstances is not cancellation. Rather, the BVA simply ceases to be in effect. Secondly, the ceasing of the BVA is not the result of a general rule applying to all visas. Instead, the ceasing of a BVA occurs because Schedule 2 for BVAs provides so, as follows:
010.5 When visa is in effect
(1) In the case of a visa granted to a non-citizen who has applied for a substantive visa — bridging visa:
(b) permitting the holder to remain in Australia until:
(vi) if the substantive visa (if any) held by the holder is cancelled — that cancellation ...
Many readers would be wondering by now: "But I'm sure I've seen some provision to the effect that if a person's visa is cancelled, all the other visas held by the same person are automatically cancelled". Arguably, what they have seen is actually something rather different, as we explain below ...
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