Visa Cancellation in Australia (2025 Guide): Reasons, Process, Appeal Options & Practical Steps
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Table of Contents
Every case turns on its facts. The law gives the Department wide powers but also requires procedural fairness. Your goal is to use the short time available to present a clear, accurate and well-evidenced story. The difference between a rushed, emotional reply and a structured legal submission can be the difference between cancellation and survival of your visa.
Visa cancellation at a glance (the big picture)
Visa cancellation can occur under several provisions of the Migration Act 1958. Most clients encounter one of five common pathways: s116 (general grounds), s501 (character), s109 (incorrect information), s128 (offshore cancellation), or s137J (student-related grounds). Each has different triggers, evidence considerations and review rights. In many instances, you will first receive a NOICC. That’s your opportunity to correct the record, explain the circumstances, and persuade the decision-maker to exercise discretion in your favour.
My approach is consistent regardless of ground: identify the precise legal trigger, map the timeline, isolate disputed facts, gather third-party evidence, and craft a submission that addresses the legislation and the policy while telling your human story. That blend of law and reality is how strong cases are built under pressure.
Legal grounds for visa cancellation
Below is a practical overview of the principal cancellation powers relevant to most clients. Use it to identify where your case sits before drafting anything.
s116 — General cancellation powers
Section 116 allows cancellation if, for example, the decision-maker reasonably suspects you did not comply with visa conditions, circumstances have changed such that the visa would not have been granted, the presence of the visa holder may be a risk to health/safety, or there has been non-genuine study or work. This provision is broad. The key word is discretion: even if a ground is technically made out, the decision-maker may still decide not to cancel after considering all relevant factors.
In s116 matters I focus on disproving the factual assumption (if it’s wrong) and, in the alternative, persuading on discretion: compliance history, community ties, employer or education provider statements, and evidence that any breach was minor, inadvertent or remedied.
s501 — Character-related cancellation
Section 501 deals with visas cancelled on character grounds. These are often the most complex and high-stakes matters. A person may fail the character test due to substantial criminal record, association, or risk factors identified by the Department. For mandatory cancellation (e.g., certain sentencing thresholds for non-citizens in prison), the Act provides a strict framework and tight timeframes to seek revocation.
Strategy in s501 cases involves frank disclosure, sentencing materials, rehabilitation evidence, psychological reports, probation or parole confirmations, community references and hardship evidence. The decision hinges on protection of the Australian community, expectations of the community, the risk of reoffending, ties to Australia and the best interests of any minor children affected. Submissions must be thorough and respectful — thin material is rarely persuasive in s501.
s109 — Incorrect information (PIC 4020 context)
Under s109, a visa may be cancelled if you provided incorrect information or bogus documents. Sometimes the issue is innocent mistake; sometimes it is a genuine dispute about what a form question really meant. The law distinguishes between deliberate deception and inadvertent error, but both can be serious. If you receive a NOICC under s109, respond carefully. Correct the record, explain the mistake if there was one, and provide independent corroboration wherever possible (employer letters, education records, civil registers).
Where the Department suspects a pattern of inconsistent statements, I align the file: a dated chronology, copies of original applications, and a short witness statement clarifying ambiguities. Your aim is to restore credibility.
s128 — Cancellation outside Australia
Section 128 allows cancellation while the person is outside Australia in certain circumstances, often without prior notification. Clients typically discover the cancellation when boarding is refused or when a new visa is later refused due to history. The remedy depends on the reason for cancellation and your current objectives (returning to Australia, clearing the record, or applying afresh). In practice, we obtain the Departmental records, reconstruct the decision pathway, and then decide whether to challenge, explain or move strategically to a new application.
s137J — Student default and related grounds
Under s137J, student visas can be cancelled where course enrollment is not maintained or certain student obligations are not met. Sometimes students genuinely misunderstand their enrolment status, or a provider’s reporting triggers cancellation despite attempts to remedy the issue. In these cases, I gather evidence of attendance, course changes, deferrals, compassionate or compelling circumstances, provider communications and payment records. If the NOICC window is open, act immediately and explain the educational pathway clearly.
What happens first: NOICC, natural justice & timeframes
In most onshore cases, the Department serves a Notice of Intention to Consider Cancellation (NOICC). The NOICC states the legislative ground and the facts relied on, and invites your response by a deadline. This is your natural justice window. Missing the deadline almost always harms your position; assumptions in the NOICC may then go unchallenged.
Typical timeline:
- NOICC received — read carefully and diarise the due date.
- Immediate triage — identify the legislative ground, disputed facts and missing documents.
- Evidence sprint — collect third-party records to fill gaps and correct errors.
- Submission — a structured response uploaded before the deadline.
- Outcome — cancellation, “no cancellation”, or further information request.
Keep your tone professional. Avoid speculation or blame. If a mistake occurred, acknowledge it if appropriate and show remediation. Decision-makers respond to clarity, not bluster.
How to respond effectively (lawyer’s method)
When time is tight, I use a disciplined template to produce a persuasive response quickly.
- Header & identifiers: Full name, DOB, client ID, visa subclass, NOICC date, due date, legislative ground cited.
- Issue list: Bullet point the specific allegations or concerns.
- Chronology: Dated events with references to evidence (“See Annexure A1”).
- Factual response: Address each allegation calmly, correcting errors and attaching independent proof.
- Legal framework: Briefly outline the test under the section (e.g., discretion in s116; character factors in s501).
- Discretion submissions: Harm if cancelled, community ties, children’s best interests, rehabilitation, compliance steps.
- Annexures: A numbered bundle (A1, A2…); label files clearly for fast reading.
- Conclusion: Polite request not to cancel (or to revoke/decline to cancel), thanking the decision-maker for considering the material.
Attach only what is relevant. Ten focused pages beat a hundred random screenshots. If evidence is pending (e.g., a police check en route), note it and provide an ETA. If you need more time, request it early with reasons.
Document checklist for cancellation responses
| Category | Examples | Why it matters |
|---|---|---|
| Identity & visa | Passport biodata, visa grant, VEVO printout | Confirms status and scope of conditions |
| Factual proof | Employer letters, payslips, rosters; enrolment records; travel evidence | Corroborates your version of events |
| Character & conduct | References, rehabilitation programs, counselling reports | Essential in s501; useful in discretion under s116 |
| Hardship & ties | Family composition, care obligations, medical reports | Shows impact and community connection |
| Communication record | Emails with provider/Department, receipts, timelines | Demonstrates good faith and diligence |
Bundle your annexures and paginate. A clear index saves the reader time and helps your credibility.
After cancellation: bridging visas, work rights & status
When a visa is cancelled, your status changes immediately. Depending on the pathway, you may become unlawful unless protected by a bridging visa or by an in-time review application. If you are eligible for review and you lodge within the deadline, a bridging visa may become available pending the outcome (often with work limitations that can be varied in certain circumstances). If no review is available, consider urgent legal advice about other options to regularise status or make timely departure plans to avoid re-entry bars or longer-term complications.
Do not ignore your status. Check your VEVO, confirm bridging visa grant and conditions, and keep copies of everything. If you are unsure, get advice immediately.
Appeals: AAT review, Federal Circuit and Ministerial options
If your cancellation decision is reviewable, you may have a short window to apply to the Administrative Appeals Tribunal (AAT). The AAT will generally conduct a merits review — looking at the facts afresh — and can affirm, vary or set aside the decision. Strict time limits apply. Missing a deadline usually ends the review pathway.
In s501 cases, different review regimes can apply depending on whether the cancellation was mandatory or discretionary, and whether the decision was made by a delegate or the Minister personally. If the Minister made the decision personally, merits review may be excluded; only limited judicial review might remain. Judicial review focuses on legal error, not the merits. Finally, in rare and appropriate circumstances, Ministerial intervention may be considered after merits review avenues are exhausted, but this is highly discretionary.
For appeals, I prepare a fresh evidence plan: updated references, risk assessments, family impact statements, medical material, and expert reports if needed. The hearing is your chance to tell the story properly — prepare for it like it matters, because it does.
Comparison table: cancellation types, triggers and review
| Ground | Typical trigger | Discretion? | Review pathway (typical) | Key evidence focus |
|---|---|---|---|---|
| s116 (general) | Non-compliance, changed circumstances, risk concerns | Yes | AAT merits review (time-limited) | Compliance records, ties, employer/provider evidence |
| s501 (character) | Substantial criminal record, risk, associations | Yes (except certain mandatory settings) | Varies: AAT or limited/judicial if Minister personally decides | Rehabilitation, risk reduction, best interests of children |
| s109 (incorrect info) | Inaccurate statements/false documents | Yes | AAT merits review (time-limited) | Documentary corrections, independent corroboration |
| s128 (offshore) | Cancellation while outside Australia | Yes | Depends on context; often new application strategy | Decision record, new facts, pathway planning |
| s137J (student) | Enrollment breach, non-attendance, reporting | Yes | AAT merits review (time-limited) | Education records, compassionate/compelling circumstances |
Common mistakes (and how to avoid them)
- Missing the NOICC deadline: Even a strong case can fail if lodged late. Diarise immediately.
- Emotional responses without evidence: Assertions are not proof. Attach independent documents.
- Inconsistency between forms and statements: Align dates, employers, study and travel. Fix errors openly.
- Over- or under-disclosure: Provide what’s relevant and probative. Don’t flood; don’t starve.
- Silence about past issues: Address previous non-compliance, explain remediation and show changed behaviour.
- DIY in a high-risk s501: Character matters demand forensic preparation. Get help early.
Real anonymised examples from my practice
Example 1 — s116 and alleged work breach on a visitor visa
A visitor was accused of working while on a no-work condition. The NOICC relied on social media posts and third-hand information. We produced airline tickets, event itineraries, bank records and a statutory declaration explaining the context (a family event, not employment). We also obtained letters from the supposed “employer” confirming no employment relationship existed. The delegate decided not to cancel under discretion.
Example 2 — s501 and rehabilitation after a short sentence
A temporary resident with a short custodial sentence faced s501 cancellation. We filed a detailed risk assessment from a psychologist, employer support, parole compliance records, and evidence of community service. The case focused on the protection of the community and expectations of the community. The decision was to revoke the cancellation following submissions and a hearing; the client rebuilt their life and has had no further incidents.
Example 3 — s109 and an honest mistake about a prior visa
Our client ticked the wrong box regarding a previous visa refusal due to misunderstanding the question. The Department treated it as incorrect information. We obtained the old file, showed the nature of the confusion, provided new statutory declarations and independent confirmation. The delegate accepted the explanation and declined to cancel.
Example 4 — s137J student enrolment confusion
A student’s provider reported non-enrolment after a deferral request fell through the cracks. We produced emails showing timely attempts to comply, payment receipts, compassionate circumstances, and a new COE. The Department exercised discretion and did not cancel.
Frequently asked questions
- What should I do the day I get a NOICC?
- Diarise the due date, read the alleged facts carefully, and start an evidence list immediately. If needed, seek urgent legal advice the same day.
- Will I get a bridging visa if my visa is cancelled?
- It depends on the pathway and whether you have a review right that you exercise in time. If a bridging visa is available, check the conditions and keep copies.
- How long does the Department take to decide after my response?
- There is no fixed timeframe. Complex cases may take longer; some decisions issue quickly. Keep your contact details current and monitor messages closely.
- Can I work or study while my cancellation is being considered?
- Only if your current visa/bridging visa permits it. Read your conditions. Breaches harm your case and can trigger further action.
- What happens if my visa is cancelled and I don’t appeal?
- Your status may become unlawful. You should seek immediate advice about regularising status or departing to avoid compounding issues.
- Is an apology helpful if I made a mistake?
- Where appropriate, yes — but pair it with objective remediation steps and independent evidence. Decision-makers value candour and concrete change.
- Do I need a lawyer?
- Not legally required, but high-risk matters (especially s501 or complex s116/s109) benefit from specialist preparation, structured evidence and advocacy.
What to do next
If you’ve received a NOICC or a cancellation decision, time is critical. A focused, evidence-backed submission can change the outcome — but only if it’s on time and on point. My team and I act quickly, prioritising cases by deadline and risk level.
Book a consultation with me to discuss your visa cancellation case. I’ll review your NOICC or decision letter, map your best options, and give you a realistic plan for the next 48–72 hours.
Helpful pages on our site: Visa Refusals · Visa Cancellations · Court Appeals
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
48 Responses
Hi,
My company is sponsoring 186 visa and I am in Australia at present on deputation. if during the visa processing stage I need to travel back to India for an year or 2 due to family issues., but I will continue in same company from India, How it is going to affect granting of 186 visa and if it is granted and I am still not able to come back to Australia what would happen to 186 visa that is granted, can it be cancelled. I would continue on same company from offshore.
Hi Manish
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. No effect on the 186 processing.
2. If granted, you’ll need to enter and commence employment.
3. There is some limited scope for you to work remotely after grant of the 186 direct entry permanent Visa, whoever you should get some advice in relation to how to avoid a “notice of intention to consider cancellation of the 186 Visa”.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
My 482 visa just got terminated by my sponsor. I have applied for the 190 state sponsorship and received my invitation. It has been 2 months since I completed the medicals. I have been actively looking for a new sponsor to take over my visa but can’t find anyone.
What are my options to stay in Australia lawfully while I wait for the 190 visa to be granted?
Hello,
Thanks for the information. At the end of March, I applied for the eVisitor (subclass 651) Australian visa with other 3 family members. Theirs were granted on the same day or a day after, but mine is still marked as ‘received’. We will soon be travelling to Australia, thus I phoned and they told me that they cannot give me an update but to attach a letter to state my concerns. Still, nothing happened.
If I delete my application, will it take long for it to be deleted? Because if it got lost in the system, it might be better to submit a new one.
Thanks in advance
Thank you you question, although it if completely off-topic for this Visa cancellation page.
You should be aware that there is nothing stopping you from making a repeat application will there be sure to be sure any pending application as soon as one application is approved.
If you do not wish to make a repeat application then you’ll need to contact the department and asked them to expedite the present application. You might also consider going to the global feedback page on the IMMIGRATION website and lodging a polite complaint.
As a courtesy to you I share with you the following email address which may or may not be useful please do let me know if it is useful so others can benefit from accessing this email address. It could assist you to contact the department is greater ease. Note: Contacting the department can be very frustrating!
Here is the email contact the Department of home affairs for the visitor subclass 651 stream.
evisitor.helpdesk@homeaffairs.gov.au
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review of your interaction with me here: https://g.page/r/CQYxp0c4EMtqEAg/review
Hello,
Thanks for your reply and sorry for it being off-topic but I cannot find anyone to help me.
I used the email but this is the reply I got:
This is an automated response
Emails sent to this mailbox will not be actioned and you will not receive a response.
Please do not reply to this email.
Then they have information with different links that you can find on the website.
I phoned them but they cannot give me updates. I also tried to apply again but I could not submit the application because I have the other one marked ‘received’. I might try the app and try calling them again.
Thanks for your help.
hi i am a permanent resident and i’m getting deported can i claim back my superannuation
Hi,
I am just after some advice as to what my options are, if there even are any.
I am currently.at Villawood detention centre and have been here for 2 years fighting for my visa cancellation to be revoked. Ive already attended AAT and appealed at the federal court and again at full federal.
Given that I was appealing only on 1 ground I saw little hope in appealing again to the high Court so I didn’t waste their time.
Do I have any other options to continue fighting? Esp with labour now in government does this change anything for me.
I have been in Australia for 20 yrs my whole adult life and contributed to the community for 17yrs before life when downhill due to certain events which resulted in a 4 yrs sentence of which I served 2 in jail. This was my first and last time in custody and no criminal record prior. Unfortunately I have no children, another reason I so desperately want to stay as I am now 42 and returning to NZ and leaving my home here will greatly reduce the possibility of starting a family.
Also if I don’t have any other options and if labour decides to amend the rift with NZ and the current immigration rules by implementing a similar structure to NZ being that if an Australian has been living in NZ for 10 yrs or more they cannot be deported, then would I be able to reapply to return to Australia or is my decision made under Liberal gov set in stone permanently.
Any advice would be greatly appreciated. Thanks
Kate
Need help
My partner and I are unsure of what to do.
We had a break and it was hard on both of us he sadly did some reckless stupid shit and has had to go to trial and sadly been given a 30 month sentence we r trying to get an appeal in as he isn’t guilty for the charge that gave him 22 months
I have been asked to write a letter and get family to write one too we are unsure of what is required in the letter he is a father of 2 children 9 and 8 and they are going to be serverly impacted if he is deported back to England he has been on a permanent resident visa since he was 10 when he was sent to Australia with his younger brother to live with their father as their mum wasn’t mentally stable or fit to raise them and their 2 other brothers remained in the UK with their father he is currently serving his sentence this is his first crime and are extremely worried as our children r in DCP care and we currently are in children’s court fighting for them any help would be greatly appreciated as soon as possible
Thanku
I am most distressed that a friend we have come to know, who is from the Democratic Republic of the Congo and living in Brisbane under a Protection Visa, was sentenced to serve eight years in prison for a crime we do believe he did not commit. During his time in prison his Protection Visa was cancelled (S501) and upon discharge from the prison, he was immediately sent to immigration detention. This man is highly intelligent and had already made a valuable contribution to Australia by working hard and also providing support to his family in Africa. We have contacted many immigration lawyer specialists who cannot assist him – he does not have an income nor the funds to pay upwards of $20,000.00 to challenge this decision. Is there anything that can be done for this man, who does not deserve to be sent back to the DRC. This would mean a death sentence due to his political activism in participating in a party that was trying to change the corrupt government that was in power at the time.
Hi Lorraine
Someone needs to look at the cancellation decision and to ascertain whether or not that decision was infected with any legal error.
It would also be important to know whether or not the decision was made personally by the then Minister for Immigration or Assistant Minister for Immigration or whether it was simply done by a delegate of the Department.
Then it would be necessary to consider whether or not there is a strong case to argue in relation to a jurisdictional error having infected the decision-making process and whether or not the case is strong enough to be able to bring an application at the present time.
Why this is important is that it is likely that he has missed his opportunity to make application to the Federal Court of Australia for review of any decision made personally by the Minister or the Assistant Minister.
If the case is a strong one and there is no prejudice to the Department, then it may be possible to seek leave and obtain an extension of time, which would then enable an application to be made for judicial review.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Use this link to book your consultation with me: https://myvisa.com.au/complex-consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review