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.