The Ultimate Guide to Section 116 (s116) Visa Cancellation in Australia
Section 116 (s116) of the Migration Act 1958 provides certain grounds for your visa to be cancelled in Australia. Below is a comprehensive guide to s116 visa cancellations.
What is Section 116 of the Migration Act?
Section 116 gives the Minister for Home Affairs or a delegate (case officer from Department of Home Affairs) the authority to cancel a visa if your cancellation scenario arises under s116. Under this section, the visa can be cancelled while the visa holder is in Australia or outside Australia.
Grounds for Visa Cancellation under s116
There are several grounds for cancelling a visa under Section 116:
- Visa Granted on circumstances that no longer exists (s116(1)(a)), (s116(1)(aa)):
- Failure to Comply with Visa Conditions (s116(1)(b)):
Visa holders must comply with the conditions attached to their visa (e.g., work restrictions, study obligations). A breach of these conditions may lead to cancellation.
- Family member does not comply with visa conditions (s116(1)(c)):
- Bogus or False Information (s116(1)(d)):
- Risk to Public Health or Safety (s116(1)(e)):
Steps in the Cancellation Process
Visa cancellation under s116 typically follows these steps:
- Notice of Intention to Consider Cancellation (NOICC):
The Department of Home Affairs usually issues a NOICC to visa holder of the intention to cancel their visa. This document will include the grounds for the potential cancellation and invite the visa holder to respond.
- Submission of Response:
The visa holder is given a chance to present evidence and arguments against the proposed cancellation. This could include explaining their side of the story. This is where we can assist you as we have substantial experience in this field. This may include providing character references, or presenting medical evidence if relevant.
- Decision:
After considering the visa holder’s response, the Department will make a decision to either cancel or not cancel the visa. This decision will be communicated in writing.
- Review and Appeal Options:
If a visa is cancelled, the visa holder may have options to appeal the decision through the Administrative Appeals Tribunal (AAT). Time limits apply, and visa holders should seek legal advice immediately.
Potential Consequences of a Visa Cancellation
A visa cancellation can have serious implications:
- Deportation:
If a visa is cancelled while the holder is in Australia, they may be detained and removed from the country.
- Future Visa Applications:
A cancelled visa could affect the ability to apply for other visas in the future. It may lead to a ban on entering Australia for a certain period.
How to Avoid Visa Cancellation
- Follow your Visa Conditions:
Ensure you fully understand and comply with the conditions attached to your visa. This includes work rights, study obligations, and reporting requirements.
- Report Changes of Circumstance:
Notify the Department of Home Affairs if your situation changes, such as a change in employment, marital status, or address.
- Be Honest in Your Application:
Provide accurate and truthful information when applying for a visa.
- Seek Legal Advice:
If you receive a Notice of Intention to Consider Cancellation (NOICC) or are worried about potential visa cancellation, contact us immediately.
We have vast experience in Cancellation scenarios. If you need help, contact us on info@visaeducationexperts.com.au or +61 414 588 942.
Information provided in this website is general in nature and does not constitute immigration advice.
The information on this website can change without notice and we do not guarantee the accuracy of information.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.
Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).
