Visa Cancellations
s109/ s116
Receiving a Visa Cancellation
Visas can be cancelled under a variety of powers of the Migration Act 1958. Specifically, section 109 (incorrect information) and section 116 (general power to cancel) can give us insight into the main reasons for visa cancellation.
Under Section 109, providing incorrect answers can lead to visa cancellation. As a visa holder, you are required by law to ensure all answers in visa applications or incoming passenger cards are accurate, even if someone else completed the forms on your behalf.
Examples of these may be:
- Supplying false or misleading information in a visa application or on a passenger card.
- Submitting documents that are false, forged, or fraudulent.
- Not informing the Department of changes that could affect the conditions or validity of a visa (e.g., change of address, employment, or relationship status).
- Neglecting to amend or rectify false or inaccurate statements provided during the visa application process when the error becomes known.
- Providing false information when responding to a notice of intention to cancel a visa.
Common Reasons for Visa Cancellation
Section 116 cancellations allow for a broader range of reasons. Examples of these may include:
- Providing incorrect or false information in connection with your current visa.
- Changes in your circumstances, making you no longer eligible for the visa.
- Your visa was granted based on facts or circumstances that were false or did not exist.
- Failing to comply with the conditions of your visa.
- Posing a risk to the Australian community.
- You are found to be a non-genuine temporary visa holder.
If you have received a notice of intention to cancel your visa under this section, it’s critical to seek professional legal advice immediately. Contact Kris Ahn Lawyers for expert assistance in navigating this process and protecting your visa status.
How Can We Help?
At Kris Ahn Lawyers, we provide expert assistance to clients dealing with visa cancellation notices. From analysing the initial notice to preparing supporting documents and legal responses, we offer personalised support to help you achieve the best possible outcome. Our experience in handling complex cases ensures that we can provide you with clear, strategic advice tailored to your situation.
