Section 117 — Grant of visa subject to conditions
Text of provision
(1) Subject to subsection (2), a visa held by a non-citizen may be cancelled under subsection 116(1), (1AA), (1AB) or (1AC):
(a) before the non-citizen enters Australia; or
(b) when the non-citizen is in immigration clearance (see section 172); or
(c) when the non-citizen leaves Australia; or
(d) while the non-citizen is in the migration zone. Migration Act 1958 195 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens
(2) A permanent visa cannot be cancelled under subsection 116(1) if the holder of the visa:
(a) is in the migration zone; and
(b) was immigration cleared on last entering Australia.
Plain English
Section 117 provides that when the Minister grants a visa, the visa may be subject to conditions specified in the regulations (Schedule 8 of the Migration Regulations 1994). These conditions may limit activities, require registration, impose reporting obligations, or restrict work rights.
The conditions attaching to a visa class are set out in the regulations for each visa subclass. Some conditions are mandatory, while others are discretionary.
Practical effect
The visa conditions attached to a grant determine what the holder may and may not do in Australia. The most commonly encountered conditions are: 8101 (no work), 8105 (work only in sponsored occupation), 8501 (maintain adequate health insurance), 8503 (no further stay), and 8534 (must not marry or enter de facto relationship). Breach of a visa condition is a ground for visa cancellation under s 116. Practitioners must advise clients on all conditions at the time of grant.