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Section 116 Cancellation: A Guide To Visa Cancellation Under Section 116 [Update 2022]

Nilesh Nandan · May 4, 2021

Home » Immigration Guides » Section 116 Cancellation: A Guide To Visa Cancellation Under Section 116 [Update 2022]

Get Visa Cancellation Under Section 116 Help Here.

Here are the top reasons why your visa might be subject to cancellation via a decision-maker at the Department of Immigration or by the Minister personally. 

Firstly, if the decision to grant your visa was based wholly or partly on something that no longer exists this could be the basis for cancellation.

  • You have not complied with the conditions of a visa which you have been granted.
  • You have not entered Australia and cleared yourself through Immigration within the prescribed timeline. 
  • Your presence in Australia would risk the health and safety or good order of the Australian Community.  
  • You are not a genuine student and the Minister is no longer satisfied with your identity.
  • Finally, incorrect information was given to the Department or incorrect information was taken into account by the Department while making the decision to grant you a visa.

If you would like a discussion with me about challenging a visa cancellation under section 116 of the Migration Act then book in a 10 minute chat with me here.

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Nilesh Nandan has previously been nominated to work alongside other leading experts to provide strategic advice to the Australian Government's Department of Home Affairs including potential reforms to the legislative framework governing the industry. Views expressed on this web site are his own and do not reflect the views of the Migration Advisory Group.