Visa cancellation under the Migration Act 1958

• Author: Mr John Bui
• Law Firm: JB Solicitors
• Published date: 25 March 2023

An approved visa can be subject to a visa cancellation. Section 116 of the Migration Act 1958 (the Act) grants the Minister and his delegates broad visa cancellation powers. Cancellation includes providing incorrect information, a change in circumstances, or posing a risk to the health, safety, or good order to the Australian community.

Part 2, Division 3, Subdivision D of the Migration Act 1958 provides the grounds and rules for visa cancellation. This article discusses matters pertaining to visa cancellation.

Section 116: Visa Cancellation Powers

Under Section 116 of the Act, the Minister may cancel a visa on the following grounds:

A Change in Circumstances Which Was Relied Upon When Granting the Visa

Under Section 116 (1)(a) and (aa), a minister may cancel a visa if the decision to grant the visa was wholly or partly based on a particular fact or circumstance that no longer exists or did not exist. An example of change of circumstances includes a relationship break-up or death of a partner in a partner visa.

Non-compliance With Visa Conditions

Under Section 116 (1)(b) and (c), a visa may be cancelled if the holder has not complied with a condition of the visa, or another person who should have complied with a condition of a visa did not do so.

For example, the work restriction or work limits on student visas. Presently, the Student Visa (500) allows you to work up to 20 hours per week or 40 hours fortnightly. A student must not work for more than 20 hours a week during any week when their course is in session.

If an international student works for more hours in a week than the Australian government allows, they may cancel their visa.

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