Visa cancellation explained: section 116, section 109 and section 501

A visa cancellation notice usually starts with a letter inviting you to respond, and the time to respond is often short. This article explains the main cancellation powers and where the response and review time limits come from.

Home Affairs can cancel a visa under several different parts of the Migration Act, and the main ones are section 116 (the general power), section 109 (incorrect information or bogus documents) and section 501 (the character test). For many cancellations you receive a written notice first, often called a notice of intention to consider cancellation (NOICC), which invites you to respond. The time to respond is stated in the notice and can be much shorter than people expect.

Home Affairs says cancellation is not automatic and that only the Department or the Minister can cancel a visa. This article gives the general rules. It does not say whether your visa will be cancelled or what you should do. Read the notice itself, and see check your decision letter for what a notice should state.

What a NOICC is

The Migration Act does not use the term NOICC. It is what practitioners call the written notice required before some cancellations. Under section 119, before cancelling under section 116 the Minister must notify the holder in writing that there appear to be grounds for cancelling, give particulars of those grounds, and invite the holder to show within a specified time that the grounds do not exist or that there is a reason the visa should not be cancelled. See notice of intention to consider cancellation.

If the Minister relies on other adverse information that was not in the first notice and did not come from you, section 120 requires a further written notice and an invitation to comment. Cancellation cannot happen until you comment or the time passes. If you do not respond, section 123 allows the decision to be made on the information the Minister has.

Section 116: the general power to cancel

Section 116(1) lists grounds on which the Minister may cancel a visa. They include that the grant was based on a fact that no longer exists or never existed, that the holder has not complied with a condition of the visa, that the holder is a risk to health, safety or good order, and that the visa was granted in contravention of the law. There is also a specific ground for student visas: that the holder is not, or is likely not to be, a genuine student, or has engaged in conduct not contemplated by the visa.

Student visa conditions can include full-time enrolment and satisfactory course progress and attendance. See student visa cancellation: course progress and attendance. A permanent visa holder who is in the migration zone and was immigration cleared on last entering Australia cannot be cancelled under section 116(1), although other powers such as section 109 and section 501 are separate. See section 116 cancellation explained.

For most temporary visas, the decision-maker must consider certificates about workplace exploitation connected to a condition breach before cancelling on that ground.

How long you have to respond to a section 116 notice

The response period is prescribed in the Migration Regulations (regulation 2.44). If the visa holder is in Australia, the period is 5 working days. If the holder is outside Australia and cancellation is being considered in Australia, it is 28 days. The Minister may extend the period by a further 5 working days, but that is a power, not a right.

Some websites and notices say 28 days for every case. For people in Australia, the regulation says 5 working days. A parliamentary committee recommended lengthening it to 14 days, and in its April 2024 response the government only noted the recommendation. We found no change to the regulation, but the date in your own notice is the one that matters.

Section 109: incorrect information or bogus documents

Section 109 deals with a visa holder who gave incorrect information or a bogus document. The Department sends a notice under section 107 saying what it thinks was incorrect and inviting a response. For holders of non-temporary visas, the response period under the Act is 14 days. For temporary visa holders the period is the one prescribed by regulation or, if none is prescribed, a reasonable period. We could not find a regulation setting a temporary visa period, so the notice itself is the guide.

The Act says these sections apply whether the non-compliance was deliberate or inadvertent. Regulation 2.41 lists matters the decision-maker must consider, including the correct information, whether the grant relied on the incorrect information, the time that has passed, and any contribution you have made to the community. A matter you fully disclosed cannot be the basis for cancellation under this part. See section 109 cancellation: incorrect information and PIC 4020: false or misleading information.

Section 501: the character test

Under section 501, a visa can be cancelled or refused if the person does not pass the character test. One limb is a substantial criminal record, which includes a sentence of imprisonment of 12 months or more or two or more terms totalling 12 months or more. There are other limbs, including association with criminal groups and risk of future conduct. The delegate route in section 501(2) applies natural justice, which means you are invited to respond. See character refusal and cancellation under section 501.

Section 501(3A) is different. The Minister must cancel a visa if the person fails the character test on specified criminal record grounds and is serving a full-time custodial sentence. Natural justice does not apply to that decision. The person can ask for the cancellation to be revoked, and the Act and regulations give a time for this. Representations to revoke a mandatory cancellation must be made within 28 days of being given the notice and information, and representations under section 501C within 7 days (regulation 2.52). A Victoria Legal Aid page reads the notice rules differently on timing, so go by the dates in your own letter. See mandatory cancellation under section 501(3A).

Ministerial Direction 110, the version we found in force on 16 October 2026, guides these decisions. A change to a new direction has been reported by a law firm, but we found no official document to confirm it, so check the current direction on the Home Affairs site.

Review by the ART

A cancellation of the visa of a person in the migration zone is generally reviewable by the ART, with listed exceptions. These include decisions under section 501 (which has its own stream), decisions made in immigration clearance, and decisions the Minister makes personally under section 109 or 116. The time to apply is 28 days after you are notified, or 14 days if you are in immigration detention, and the ART cannot extend it. See the 28-day deadline.

Character cases differ. A delegate's section 501 decision, or a delegate's refusal to revoke a mandatory cancellation, relating to a person in Australia must be applied for within 9 days of notification, with no extension. The ART will not review a section 501(3A) mandatory cancellation itself, and cannot review decisions the Minister makes personally. The ART fee for most migration decisions is A$3,727 and the standard character fee is A$1,195 (checked 16 October 2026). See what a visa refusal appeal costs.

What a cancellation does to your status

If a visa is cancelled, its former holder in the migration zone becomes an unlawful non-citizen unless they immediately hold another visa that is in effect. An unlawful non-citizen is generally liable to be detained. Home Affairs also lists cancellation for false information, a breach of a visa condition or a criminal conviction as triggers for a re-entry ban (an exclusion period) of up to 3 years, and says some people can be permanently excluded. For temporary visas, it says you can ask for the ban to be waived. A later visa application may be affected too: for visas that include public interest criterion 4013, an application may need to be made more than 3 years after some cancellations, unless the Minister accepts certain compelling or compassionate circumstances. These consequences are one reason people seek advice early. See what happens to your status after a cancellation and bridging visas while you seek review.

Keep your contact details current

Cancellation documents can be sent to the last email address known to the Department, and an email is taken to be received at the end of the day it is sent. Post within Australia is taken to be received 7 working days after the document's date. A person who has not updated their address can still be taken to have received a notice. Check your email and mail, including junk folders.

Getting help

Because the response windows can be short, many people speak to a registered migration agent or an Australian lawyer quickly, or to a free legal service. See choosing a lawyer or migration agent and hiring a visa cancellation lawyer. This article is general information, not legal advice or immigration assistance, and the notice you hold states your own dates.