Visa Cancellation Protections
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
The Australian government can cancel your visa under section 116 (general cancellation) or section 501 (character-based cancellation) of the Migration Act 1958. However, you have important natural justice protections before most cancellations take effect.
Under section 116, the Department can cancel your visa if you have breached a visa condition, provided incorrect information, or if the circumstances under which your visa was granted no longer exist. Before cancelling, the Department must send you a Notice of Intention to Consider Cancellation (NOICC) giving you a chance to respond — usually 28 days.
Under section 501, the Minister can cancel your visa if you fail the character test. You fail the character test if you have a substantial criminal record (generally a sentence of 12 months or more), or if there is a risk you would engage in criminal conduct, harass others, or vilify a community segment. The Minister can exercise this power personally and without natural justice in some cases under s501(3).
If your visa is cancelled, you can generally seek merits review at the Administrative Review Tribunal, or judicial review in the Federal Court or High Court.
When does it apply?
- You hold any Australian visa and the Department believes you have breached a condition or provided incorrect information.
- You have been convicted of a criminal offence and the Minister considers exercising the character test power.
- You receive a Notice of Intention to Consider Cancellation from the Department of Home Affairs.
What should you do?
- Respond immediately to any Notice of Intention to Consider Cancellation — you usually have 28 days, but act quickly.
- Get legal advice from a registered migration agent or immigration lawyer as soon as you receive the notice.
- Provide evidence of why your visa should not be cancelled — ties to Australia, family, employment, and the impact of cancellation.
- If your visa is cancelled, apply for merits review at the Administrative Review Tribunal within the deadline (usually 7 or 28 days depending on the provision).
- Keep copies of all correspondence with the Department of Home Affairs.
What should you NOT do?
- Don't ignore the notice — if you don't respond, the Department will decide without your input.
- Don't miss review deadlines — time limits for merits review after s501 cancellations can be as short as 7 days if you are in immigration detention.
- Don't provide false information in your response — this can worsen your case and lead to further consequences.
- Don't assume a minor offence won't affect your visa — cumulative offences or any sentence of 12 months or more triggers the character test.
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