Section 116 Visa Cancellation & NOICC
Imagine this: You have received the good news of your visa grant, and everything is going according to plan—until you find a notice of intention to cancel (NOICC) that your visa may be cancelled. This can be a reality for many; section 116 of the Migration Act 1958 is one of the many types of cancellation power the Minister and the case officers have to cancel a visa.
Why is Your Visa at Risk of Getting Cancelled Under Section 116?
Common reasons for using this cancellation ground are:
The visa holder’s relevant facts or circumstances were changed or never existed
The visa holder fails to comply with at least one of the visa conditions
The visa holder may pose a risk to the Australian community’s health, safety or good order
The visa holder provided incorrect information or was unable to confirm the identity
What are your next steps after receiving a Notice of Cancellation under Section 116?
Upon receiving your notice from the Department, you will have to act as soon as possible, as time is of the essence. You only have a limited time to build a strong legal submission to respond to the Department so they can consider not cancelling your visa. Seek professional assistance from an Accredited Specialist in Immigration Law to help you with the technicalities of building a well-thought-out strategy and evidence-based legal submission.
If your visa has been cancelled directly, you may have appeal rights for the cancellation to be reviewed at the Administrative Review Tribunal (ART).
Client Testimonials
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How Can Agape Henry Crux Help
Contact Agape Henry Crux for our Accredited Specialist Immigration Lawyer(s) for tailored advice and to represent your complex matter. The team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
