Section 109: All You Need to Know about Visa Cancellation
When applying for a visa to enter another country, it is critical to provide accurate information. This applies to Australian visas. Section 109 of the Migration Act 1958 outlines the potential consequences of incorrect or inconsistent information in a visa application or associated document.
What is Section 109 of the Migration Act 1958?
Section 109 focuses on visa cancellation if the applicant has provided incorrect answers either in their current or previous visa applications.
What May Trigger a Visa Cancellation under Section 109?
If the Minister identifies non-compliance, such as submitting false information regarding personal circumstances, they can initiate a cancellation process. This may apply even if the incorrect information was an honest mistake and unintentional.
The Department can investigate inconsistencies in information provided on past visa applications. Even answers given on previous applications can result in the cancellation of your current visa.
If the Department discovers potentially inconsistent information, you may receive a Notice of Intention to Consider Cancellation (NOICC) for your visa. You will be given a limited time to respond. It is best to speak with an Accredited Specialist in Immigration Law for professional guidance.
What Happens After I’ve Been Cancelled under Section 109?
If your visa has been cancelled, it will be in effect immediately, which also means that you will not be holding a substantive visa and you are an unlawful non-citizen. Additionally, your future visas may be impacted. Therefore, we still highly recommend that you seek professional advice and assistance as soon as you receive a NOICC or a cancellation notice.
What can I do If my Visa is Cancelled under Section 109?
Australian migration law can be complex, and if your visa is at risk of cancellation or has been cancelled under Section 109. Seek legal advice from an Accredited Specialist in Immigration Law. They can provide you guidance on how to navigate your specific situation, especially if you need to respond to the NOICC within the specific timeframe and/or appeal the cancellation decision to the Administrative Review Tribunal (ART).
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How Can Agape Henry Crux Help
Ensure you provide accurate information for your visa applications. Otherwise, your visa may be cancelled under Section 109. If you have received a potential cancellation, speak with one of our Accredited Specialists in Immigration Law at Agape Henry Crux for professional assistance. Our team of immigration lawyers and registered migration agents specialises in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
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