Cancellation
Statutory definition
The Migration Act 1958 (Cth) contains several cancellation powers. Section 109 provides for cancellation where incorrect information was provided in connection with a visa application. Section 116 is the general discretionary cancellation power, allowing cancellation where prescribed circumstances exist (including breach of conditions). Section 501 allows cancellation on character grounds.
Explanation
Cancellation terminates a visa that has been granted. The Act provides multiple bases for cancellation:
- Section 109 — cancellation where information provided in or in connection with the visa application was false or misleading in a material particular
- Section 116 — general discretionary power to cancel where the holder has breached a visa condition, a relevant circumstance has changed, or other prescribed grounds exist
- Section 128 — cancellation of a visa of a person outside Australia in limited circumstances
- Section 501 — character-based cancellation
- Section 134 — cancellation of business visas
Once a visa is cancelled the holder is an unlawful non-citizen and is liable to immigration detention under s 189. Section 48 bars a former holder whose visa was cancelled from applying for most visa subclasses while onshore.
How this term is used
Cancellation decisions made by a delegate under s 116 or s 109 are generally reviewable by the Administrative Review Tribunal (Migration and Refugee Division). Mandatory cancellations under s 501(3A) are not subject to merits review.