Section 119 — Notice of intention to cancel
Text of provision
(1) Subject to Subdivision F (non-citizens outside Australia), if the Minister is considering cancelling a visa, whether its holder is in or outside Australia, under section 116, the Minister must, in writing, notify the holder that there appear to be grounds for cancelling it and:
(a) give particulars of those grounds and of the information (not being non-disclosable information) because of which the grounds appear to exist; and
(b) invite the holder to show within a specified time that:
(i) those grounds do not exist; or
(ii) there is a reason why it should not be cancelled.
(2) The notification under subsection (1) must be given in the prescribed way.
(4) The other provisions of this Subdivision do not apply to a cancellation:
(a) under a provision other than section 116; or
(b) to which Subdivision F applies.
Plain English
Section 119 provides that before cancelling a visa under s 116, the Minister must give the visa holder a written notice setting out the grounds for cancellation and inviting them to show cause why the visa should not be cancelled. The notice must give the person a reasonable time to respond.
This section does not apply to cancellations under s 128 (cancellation at the border) or s 133A (character cancellation at the border).
Practical effect
The s 119 notice is the procedural foundation of the visa cancellation process. The response to a s 119 notice is critical — it is the primary opportunity to present facts and submissions that may prevent cancellation. Failure to respond does not automatically result in cancellation (the Minister must still consider the evidence), but failing to respond substantially increases the risk. The notice period sets the timeline for practitioners to obtain evidence and prepare submissions. Cancellation decisions under s 116 following a s 119 notice are reviewable before the ART.