Best Guide to Section 116 – s116 Visa Cancellation

The Ultimate Guide to Section 116 (s116) Visa Cancellation in Australia

Section 116 (s116) of the Migration Act 1958 provides the Australian government with the authority to cancel a visa under certain circumstances. If you are at risk of visa cancellation, it’s important to understand your rights and options. This guide outlines everything you need to know about Section 116 visa cancellations in Australia.

What is Section 116 of the Migration Act?

Section 116 allows the Minister for Home Affairs or a Department of Home Affairs delegate (case officer) to cancel a visa. A visa can be canceled whether the visa holder is in Australia or abroad, depending on the situation.

Grounds for Visa Cancellation under Section 116

Several grounds can lead to a visa cancellation under Section 116 of the Migration Act:

  1. Visa Granted Based on Circumstances that No Longer Exist (s116(1)(a)), (s116(1)(aa)).
  2. Failure to Comply with Visa Conditions (s116(1)(b)): Visa holders must adhere to conditions such as work, study, or reporting restrictions. A breach can lead to cancellation.
  3. Family Member Violates Visa Conditions (s116(1)(c)): If a family member’s visa conditions are breached, this can affect the primary visa holder.
  4. Provision of False or Misleading Information (s116(1)(d)): Providing incorrect or fabricated details can lead to visa cancellation.
  5. Risk to Public Health or Safety (s116(1)(e)): A visa may be canceled if the holder poses a health or safety risk to the public.

Steps in the Visa Cancellation Process

The process of visa cancellation typically includes the following steps:

  1. Notice of Intention to Consider Cancellation (NOICC): A NOICC is issued by the Department of Home Affairs, outlining the intention to cancel the visa. This notice includes the grounds for cancellation and provides the visa holder with an opportunity to respond.
  2. Submission of Response: The visa holder has the chance to provide evidence or explanations to counter the proposed cancellation. This may include character references, medical reports, or other supporting documentation.
  3. Decision: After reviewing the response, the Department will decide whether to cancel the visa. This decision will be communicated in writing.
  4. Review and Appeal: If the visa is canceled, there may be options to appeal the decision. The Administrative Appeals Tribunal (AAT) handles appeals, but time limits apply. It is crucial to act quickly and seek legal advice.

Potential Consequences of a Visa Cancellation

A visa cancellation can have serious consequences:

  • Deportation: If the visa is canceled while in Australia, the holder may face detention and removal from the country.
  • Future Visa Applications: A canceled visa may negatively affect future visa applications, and there could be a ban on re-entering Australia for a period of time.

How to Avoid Visa Cancellation

To reduce the risk of visa cancellation, follow these steps:

  1. Comply with Visa Conditions: Always adhere to the visa conditions, including restrictions on work, study, and reporting obligations.
  2. Report Changes of Circumstance: Notify the Department of Home Affairs if there are any changes in your circumstances, such as employment, marital status, or address.
  3. Provide Accurate Information: Ensure that all the information you provide in visa applications is truthful and accurate.
  4. Seek Legal Assistance: If you receive a NOICC or suspect that your visa may be at risk of cancellation, contact us immediately. Our experienced team can help guide you through this process.

Contact Us for Help with Visa Cancellation Scenarios

We have extensive experience assisting clients with visa cancellations and related issues. If you are facing a visa cancellation or would like advice on how to handle a NOICC, contact us today at [xxx] or email us at [xxx].

Disclaimer

The information on this website is general and does not constitute immigration advice. While efforts have been made to ensure accuracy, we do not guarantee the completeness or correctness of the information. We recommend consulting a registered migration agent or lawyer to discuss your particular situation before making any immigration decisions.

Please note: Any immigration advice provided constitutes immigration assistance as defined by s276 of the Migration Act 1958 and does not include or constitute any other type of advice.