Section 123 — Cancellation of business visas
Text of provision
If a visa holder does not respond to an invitation under paragraph 119(1)(b) or 120(2)(c) before the time for giving it has passed or tells the Minister that the visa holder does not wish to respond, the Minister may make the decision about cancellation without taking any further action about the information.
Plain English
Section 123 provides that the Minister may cancel a visa if the business that sponsored the visa holder has ceased to exist or has ceased to satisfy the sponsorship requirements, and it is appropriate to cancel in the circumstances. This provision applies primarily in the context of employer-sponsored visas where the employment relationship has ended.
Practical effect
For employer-sponsored visa holders, the end of the sponsoring employment relationship creates a vulnerability to cancellation under s 123. In practice, where a sponsor has ceased to operate, the Department will ordinarily issue a s 119 notice giving the holder an opportunity to find a new sponsor or to apply for a bridging visa. Practitioners should advise clients to proactively notify the Department and apply for an appropriate bridging visa when employment ends before the visa expires.