Visa Cancellations

The revocation of a visa can precipitate severe ramifications for an applicant, potentially leading to the annulment of visas for subsequent holders and the imposition of re-entry prohibitions. Yohann Migration Law is adept in providing legal assistance to individuals faced with visa revocations, encompassing a wide array of situations, not limited to:

Grounds for exercising s116 power:
A delegate may cancel a visa under s116(1)(a) if satisfied that any circumstances that permitted the grant of a visa no longer exist. This ground requires the delegate to be satisfied that:
  • the visa holder at one time met s65 requirements for visa grant and
  • the circumstances that enabled the visa holder to meet one or more of the requirements for visa grant no longer exist.
    Therefore, a visa cannot be cancelled under s116(1)(a) if:
  • the circumstances applicable to the grant never existed or
  • it is unclear whether circumstances applicable to the grant of the visa ever existed (for example, whether a visitor visa holder found working in Australia ever had a genuine intention to only visit Australia for tourism purposes).
    In such circumstances, a visa may, however, be liable to cancellation under:
  • s116(1)(b), on the basis that the visa holder has not complied with a visa condition

    Grounds for exercising s109 power:
    In broad terms, s109 provides a power to cancel visas where a non-citizen fails to comply with the requirements of s101, 102, 103, 104, 105 or 107(2) by:
  • providing incorrect information in a visa application or on a passenger card or
  • giving an officer a bogus document or
  • failing to notify the department of a change of circumstances or
  • failing to correct incorrect answers or
  • making any incorrect statement in response to a visa cancellation notice

    Grounds for exercising s501 power:
    Section 501 is the logical starting point for any examination of the character concerned client. The key to an understanding of section 501 is to understand the distinction between sections 501(1) and section 501(2) of the Migration Act.
  • Section 501(1) deals with the refusal of a visa whereas section 501(2) deals with the cancellation of a visa.
  • The two powers are discrete and deal with 2 different contingencies. However, both heads of power are discretionary.