Is this your situation?
You received a notice from the Department of Home Affairs saying they are considering cancelling your visa. Or your visa has already been cancelled. The notice mentions section 116, or section 109, or section 501. You are not sure what powers the Department used, whether you can respond, and what happens to you and your family if the cancellation stands.
Visa cancellation is more serious than a refusal. A refusal means you did not get something you applied for. A cancellation means something you already had has been taken away. The consequences are more severe, the deadlines are tighter, and the stakes are higher.
How visa cancellation works in Australia
The Department can cancel visas under several different sections of the Migration Act. Each section has its own rules, procedures, and review rights. The most common are:
Section 109 is used when the Department believes incorrect information was provided in the visa application. If they find that a document was fraudulent or that information was false or misleading, they can cancel the visa on this basis.
Section 116 is the broadest Visa Cancellation power. It covers situations where the visa holder has breached a visa condition, where circumstances have changed since the visa was granted, where the visa holder provided incorrect information, or where the Department considers the visa holder’s presence to be a risk to health, safety, or good order.
Section 501 is used for character-related Visa Cancellation cases. If a visa holder has a substantial criminal record (12 months or more imprisonment), is involved in criminal conduct, or fails the character test for other reasons, the Department can cancel their visa. Some section 501 cancellations are mandatory, meaning the Department has no choice but to cancel once the criteria are met.
The section used matters because it determines your rights. Section 116 cancellations usually require the Department to give you notice and a chance to respond before cancelling. Section 501 mandatory cancellations can happen without prior notice.
Where things go wrong
The most common mistake in Visa Cancellation cases is ignoring a notice of intention to consider cancellation (NOICC). People receive the letter, panic, and do nothing. Or they assume the Department is bluffing. The Department is not bluffing. If you do not respond to a NOICC, they will proceed with the cancellation.
Another common problem is responding to a NOICC without addressing the specific grounds. A generic letter saying “please do not cancel my visa, I need to stay in Australia” is not a response. You need to address each ground raised in the notice with specific evidence and arguments.
People also underestimate how quickly things move after a cancellation. The review deadline can be as short as 7 working days if you are in detention. Even outside detention, it is only 21 days. Missing this deadline means losing your merits review rights.
Consequences of visa cancellation
A cancelled visa goes on your permanent immigration record. Depending on the grounds, you may face a
Visa Cancellation can result in a re-entry exclusion period that prevents you from being granted another visa for years. Section 48 restrictions will apply, limiting which visas you can apply for onshore. You may be placed in immigration detention pending removal.
If the cancellation was under section 501 on character grounds, you may face permanent exclusion from Australia unless the Minister personally decides to revoke the cancellation.
Family members whose visas were linked to yours (for example, dependents on a partner or employer sponsored visa) may also have their visas affected by your cancellation.
Your options
If you received a NOICC: Respond to it before the deadline. This is your best opportunity to prevent the cancellation from happening. A strong, well-evidenced response can result in the Department deciding not to proceed.
If your visa has been cancelled under section 109 or 116: You may have ART review rights. Lodge the review within the deadline (21 days, or 7 working days if in detention). The ART will look at the case fresh and can set aside the cancellation.
If your visa was cancelled under section 501: Your primary avenue is a request for the Minister to revoke the cancellation under section 501C. Make representations setting out your circumstances, including ties to Australia, impact on family, rehabilitation, and other relevant factors.
This is urgent. Call now.
Sponsored Amanpreet Bhangoo (MARN 1573884) and his team at Bullseye Consultant handle cancellation responses and reviews. If you have received a NOICC or cancellation notice, call 0416 965 968 immediately. These deadlines are among the tightest in migration law.
FAQ
Q: What is the difference between a NOICC and a cancellation?
A NOICC is a warning that the Department is considering cancelling your visa. It gives you a chance to respond before they decide. A cancellation means the decision has already been made and your visa is gone. Responding to a NOICC properly is always better than trying to reverse a cancellation after the fact.
Q: Can I work while my cancellation is being reviewed at the ART?
It depends on your bridging visa conditions. If you lodge a valid ART review in time, you will generally be granted a bridging visa, but work rights depend on the conditions attached. Many post-cancellation bridging visas do not include work rights unless you apply for a change of conditions.
Q: Will my family members lose their visas too?
It depends on the visa type. Dependents who were included in your visa application may be affected. Get specific advice about your family’s situation.
