Australian visa cancellation law operates through a set of discrete powers in the Migration Act 1958, each with different grounds, procedures, and review rights. The three most significant powers are:

• Section 109 — cancellation where information given in connection with the visa application was incorrect or incomplete
• Section 116 — general cancellation power covering non-compliance with visa conditions, health and character requirements, and other grounds
• Section 501 — cancellation (or refusal) on character grounds — the most litigated and consequential cancellation power

The Minister also holds personal powers under ss 133A and 133C to exercise the s 109 and s 116 cancellation powers personally, and ss 501A–501J provide enhanced ministerial powers over character-based cancellations. Decisions made by the Minister personally under ss 501, 501A, 501B are not subject to merits review by the Administrative Review Tribunal (ART).

Section 109 — cancellation for incorrect information:

Section 109 authorises cancellation of a visa if information provided in connection with the original visa application was incorrect or incomplete — even if the non-compliance was not deliberate, and even if the decision-maker became aware only after the visa was granted. Section 109(2) confirms that cancellation may occur regardless of whether the information was provided by the visa holder or a third party, and regardless of the source of knowledge. Section 109(3) provides that cancellation may not occur if full and accurate disclosure was made at the time.

Section 116 — general cancellation power:

Section 116 provides a broad discretionary power to cancel a visa on several grounds, including:

• The holder has not complied with a condition of the visa
• The holder no longer satisfies the criteria for which the visa was granted (for example, a change affecting health or character)
• Prescribed grounds under the Migration Regulations
• The holder's presence is or would be contrary to the national interest

Section 501 — character cancellation:

Section 501 allows cancellation (or refusal) of a visa where the holder fails the character test under s 501(6). The character test is a statutory test — a person fails it if they have a substantial criminal record (a sentence of 12 months or more, or two or more separate sentences totalling 12 months or more), are or have been a member of a group engaged in criminal conduct, or the Minister reasonably suspects them of criminal association. Section 501(3A) provides for mandatory cancellation — where a person in a custodial sentence in Australia fails the character test, the decision-maker must cancel without discretion. For non-mandatory cancellations, the exercise of discretion is guided by Direction No. 99.

Section 128 — cancellation at port of entry:

Section 128 allows a visa to be cancelled at a port of entry (before the person has entered Australia) where the officer is not satisfied that the person meets, or has met, the visa criteria.

Ministerial personal powers (ss 133A, 133C, 501A–501J): The Minister may personally exercise s 109 and s 116 cancellation powers (ss 133A and 133C respectively) and may overrule or make character decisions under ss 501A–501J. Personal ministerial decisions under ss 501A and 501B are not subject to merits review by the ART.

Procedure — notice and right to comment (ss 119–121):

Before cancelling a visa under s 109 or s 116, the decision-maker must give the visa holder written notice of the proposed cancellation (s 119) and invite the holder to make representations about why the visa should not be cancelled (s 121). The holder is given a specified period to respond. The decision-maker must consider any representations received before deciding. These procedural requirements do not apply to s 501(3A) mandatory cancellations (which operate automatically on meeting the threshold) or to s 128 port-of-entry cancellations.

Review rights by cancellation type:

• s 109 and s 116 cancellations by delegate: Merits review by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024
• s 501 cancellations by delegate: Merits review by the ART (unless the person is serving a sentence of imprisonment — in which case review rights differ)
• s 501 cancellations by the Minister personally (ss 501A, 501B): No merits review by the ART — only judicial review in the Federal Court is available
• Ministerial intervention (ss 351, 417): After a negative ART decision, the holder may request ministerial intervention — the Minister may substitute a more favourable decision in exceptional circumstances where it is in the public interest

The most common visa cancellations occur under s 116 (condition non-compliance — particularly student visa Condition 8202 breaches) and under s 501 (character — particularly mandatory cancellations following custodial sentences for Australian offences).

The AAT was replaced by the ART on 14 October 2024. References to "AAT" in older decisions and literature should now be read as referring to the ART for pending and future proceedings. The substantive jurisdiction for merits review of visa cancellations is materially unchanged.

A visa holder whose visa is cancelled while they are in Australia may be entitled to a Bridging Visa E (Subclass 051) pending review of the cancellation decision, depending on the circumstances.