Overview of cancellation grounds

Visas, once granted, are never final, and the government retains the right to cancel them.

There are a number of grounds upon which a visa can be cancelled. Most commonly, a visa is cancelled where a condition is breached or a condition or other requirement is not satisfied. The effect of cancellation is that the person becomes an unlawful non-citizen. The power to cancel visas is normally discretionary and normally subject to review by the Migration Review Tribunal, unless the cancellation is made by the minister personally or on character grounds. The effects of cancellation are discussed in chapter 11 of the textbook, Migration and Refugee Law: Principles and Practice in Australia.

As noted in section 11.2 of the textbook, there are a number of grounds (nine in total) upon which visas can be cancelled. The grounds are:

• cancellation because of inaccurate information (s 109)

• the general cancellation power where visa conditions are not complied with (s 116)

• cancellation without notice for off-shore visa holders on the basis of s 116 ground (s 128)

• cancellation of business visas (s 134)

• automatic cancellation of student visas (s 137J)

• cancellation of regional sponsored employment visas (s 137Q)

• cancellation of related visas where primary visa is cancelled (s 140)

• cancellation of Temporary Safe Haven visas (s 500A)

• cancellation of visas on character grounds (s 501).

These powers operate cumulatively. Thus, a visa can be cancelled under more than one of the powers (s 118).