If you are grappling with a visa refusal and seeking to appeal a decision, book a free 10 minute consultation with our immigration lawyers to discuss your options.
Section 116 of the Migration Act provides the Department with a broad range of visa cancellation powers. Your visa may be cancelled if you have committed a crime in Australia or have provided incorrect information on your application, among other reasons.
Book an appointmentReasons the Minister may cancel a visa under section 116 include (but are not limited to):
In particular, we recommend that you speak to a migration lawyer if you believe that you have provided incorrect information to the Department or have committed a criminal offence in Australia.
Criminal activity may result in a section 116 cancellation of your visa on the basis that you may present a risk to the Australian community.
If you have committed a crime, the Department may consider section 116 visa cancellation, and can issue you with a Notice of Intention to Consider Cancellation (NOICC). You will have a short timeframe to provide information to the Department about your situation.
If you have been convicted of a crime you may also face cancellation under section 501. Please read more about section 501 cancellation.
In most cases a section 116 visa cancellation can be appealed. The appeal options should be outlined in your section 116 visa cancellation notification from the Department of Home Affairs. If you receive a section 116 visa cancellation, we recommend that you speak to a migration lawyer about your appeal options. Our expert migration lawyers can assist you in determining if you have grounds to appeal a decision and assist you with the appeals process.
If you are grappling with a visa refusal and seeking to appeal a decision, book a free 10 minute consultation with our immigration lawyers to discuss your options.