Best Guide to Section 128 (S128) Visa Cancellation: Migration Act 1958

What is Section 128 of the Migration Act 1958?

Section 128 (s128) of the Migration Act 1958 provides the authority to cancel a visa if the visa holder is outside of Australia. One notable feature of this section is that it does not require a notice to be issued to the visa holder before the cancellation occurs.

Grounds for Visa Cancellation Under Section 128

A visa can be canceled under Section 128 when certain grounds are met, including the following:

  1. False or Misleading Information: If a visa holder provides false, fraudulent, or misleading information during their application process, the visa can be canceled under Section 128.
  2. Risk to Public Safety or Health: If the visa holder poses a risk to public health or safety, cancellation may occur. This can include a range of situations from contagious diseases to criminal behavior that poses a threat to the community.
  3. Non-compliance with Visa Conditions: If a visa holder fails to comply with the conditions attached to their visa, such as work or study restrictions, their visa may be canceled. This non-compliance can include violating the visa’s terms or not reporting required information.
  4. Failure of a Family Member to Comply: If a family member of the visa holder fails to adhere to their visa conditions, it can result in the cancellation of the visa holder’s visa as well.

Visa Cancellation Process Under Section 128

While the visa cancellation process under Section 128 does not require notification to the visa holder before cancellation, the reasons for cancellation typically align with the grounds specified in Section 116 of the Migration Act. These grounds include:

  • False or misleading information
  • Non-compliance with visa conditions
  • Family members failing to meet their visa conditions
  • Threats to public safety or health

How to Handle Visa Cancellation

If you are concerned about a potential visa cancellation under Section 128 or have received a notification, it is essential to seek professional advice. At Visa Education Experts, we specialize in visa cancellation matters and can help guide you through the process.

We have a wealth of experience in dealing with complex immigration issues, including Section 128 visa cancellations. If you need assistance, reach out to us at xxx or email us at xxx for expert support.

Disclaimer

The information on this website is general and does not constitute immigration advice. Although we strive to ensure the information provided is accurate, we cannot guarantee its completeness or correctness. For specific guidance, we recommend that you consult with a registered migration agent or legal professional to understand how the law applies to your individual situation.

Please note: The immigration advice offered is in line with the Migration Act 1958 and pertains exclusively to immigration assistance under section 276 of the Act.