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Expertise

Section 116 Visa Cancellation

Section 116 Migration Act provides the Department with a broad range of visa cancellation powers.

Your visa may be cancelled if you have committed a crime in Australia or have provided incorrect information on your application, among other reasons.

What are the grounds for a section 116 cancellation

Reasons the Minister may cancel a visa under section 116 include (but are not limited to):

  • You have provided incorrect information for your current visa
  • Your circumstances have changed and you are no longer eligible for your visa
  • Your visa was granted based on a fact or circumstance that did not exist
  • You have not complied with a condition of your visa
  • You present a risk to the Australian community
  • You present a risk to individuals in Australia

In particular, we recommend that you speak to a lawyer if you believe that you have provided incorrect information to the Department or have committed a criminal offence in Australia.

I have committed a crime – can my criminal activity result in 116 cancellation of my visa?

Criminal activity may result in a section 116 cancellation of your visa on the basis that you may present a risk to the Australian community.

If you have committed a crime, the Department may consider section 116 visa cancellation and they will issue you with a Notice of Intention to Consider Cancellation (NOICC). You will have a short timeframe to provide information to the Department about your situation.

If you have been convicted of a crime and have been given a prison sentence of 12 months or more, please see section 501 cancellation.

Can I appeal a section 116 visa cancellation

A section 116 visa cancellation can be appealed. The appeal options should be outlined in your section 116 visa cancellation notification from the Department of Home Affairs. If you receive a 116 cancellation, we recommend that you speak to a lawyer about your appeal options. Our expert migration lawyers can assist you in determining if you have grounds to appeal a decision and assist you with the appeals process.

Book a free 15 minute consultation online now with one of our expert immigration lawyers to discuss your options if your visa has been cancelled under section 116 of the Migration Act.

An experienced migration lawyer can make all the difference when you need.

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