Visa cancellation in Australia: grounds, notices, deadlines and your review rights

A letter saying the Department of Home Affairs is considering cancelling your visa is stressful. In most cases you can respond before a decision is made, but the time to respond is often very short.

This guide explains who can be affected, the grounds for cancellation, what to do when a notice arrives, how to build a response, the time limits, your review rights and the effect on future applications. It also covers a point that often causes confusion: the three-year exclusion periods in public interest criteria (PIC) 4013 and 4014 do not apply to partner visas.

Who can be affected

Almost any visa can be cancelled, temporary or permanent. Under section 117 of the Migration Act, a visa can be cancelled before you travel to Australia, while you are going through immigration clearance, while you are in Australia, or as you leave.

Permanent residents have one important protection. A permanent visa cannot be cancelled under the main section 116(1) grounds while the holder is in Australia, if they were immigration cleared when they last arrived (section 117(2)). Other powers, such as the character power in section 501, can still apply to permanent residents.

Most cancellation decisions are discretionary: the decision-maker can decide not to cancel even where a ground exists. A small number are mandatory. For example, the law requires cancellation where the holder has been assessed by the Australian Security Intelligence Organisation (ASIO) to be a risk to security, or is declared under Australia’s autonomous sanctions laws (section 116(3) and regulation 2.43(2)). In practice, people with pending criminal charges, a criminal history or a history of giving false information are most likely to be affected.

Why a visa can be cancelled

The Migration Act gives the Minister and the Department several separate cancellation powers. The most common are:

• Incorrect information (section 109). Where the visa holder gave incorrect information or a bogus document in a visa application or a passenger card, or did not tell the Department about a change in circumstances when required to.
• The general power to cancel (section 116). This is the power used most often. Its grounds include: the facts the visa was granted on no longer exist, or never existed; a breach of a visa condition, for example a work or study condition; a risk to the health, safety or good order of the Australian community, which can arise where the holder has been charged with an offence; the Minister not being satisfied about the holder’s identity; incorrect information that was taken into account in granting a visa; the visa should never have been granted because the application or grant broke the law; a benefit being paid or received in return for sponsorship; and, for student visas, not being a genuine student.
• Grounds added by the Migration Regulations (regulation 2.43). These include: an ASIO security assessment or a sanctions declaration; for most temporary visa holders, a conviction for an offence in Australia, whatever the penalty, or an Interpol warning notice; a reasonable suspicion of certain offences under the Act, such as people smuggling, false documents or false information, and visa-related offences; a reasonable suspicion that the visa was obtained through fraud; visitor, transit, business visitor and some temporary work visa holders who did not have, or no longer have, the genuine intention their visa was granted for; for sponsored work visa holders, a sponsor that has failed its sponsorship obligations or given false information; and a written request from a temporary visa holder to cancel their own visa.
• Character (section 501). A visa can be cancelled if the holder does not pass the character test. Cancellation is mandatory in some cases (see below).
• Cancellation while the holder is outside Australia (section 128). If a section 116 ground exists, a visa can be cancelled while its holder is outside Australia, without notice beforehand.

Cancelling one person’s visa can also lead to the cancellation of visas held by family members who were granted their visas because of that person.

The notice: what a NOICC means

For most cancellations under sections 109 and 116, the Department must first tell you in writing. This is often called a Notice of Intention to Consider Cancellation (NOICC). It sets out the possible grounds, gives you the information the Department is relying on, and invites you to show either that the grounds do not exist or that there is a reason your visa should not be cancelled anyway (section 119). The notice will also say whether you can respond in writing, at an interview or by telephone (section 121).

Some practical steps matter from the start:

• Keep your contact details up to date with the Department. Notices go to the address you have given. If you miss one, you may also miss your chance to respond or to apply for review.
• If you are given a notice in person, for example at an airport or an interview, a decision can follow very quickly. Ask for enough time to respond properly and to get advice, and put forward every relevant argument you can, with evidence.
• Read the deadline carefully. It is set out in the notice, and it is strict. The Minister can extend some response periods, but only by a short, fixed amount (see the table below).

If you do not respond in time, or say you will not respond, the Department can decide without hearing from you (section 123). If your visa is cancelled while you are in Australia and you hold no other visa, you become an unlawful non-citizen, and the Act requires officers to detain a person they know or reasonably suspect is unlawful (section 189). Depending on what you decide to do next, you may need to apply for a Bridging E visa to remain lawful while you arrange to leave or pursue other options. If that bridging visa is refused, detention is likely. A cancellation in Australia can also bring the section 48 bar, discussed below.

How long you have to respond

The time limits are set by the Act and the Regulations, and the notice itself will state the deadline. The periods most people will see are:

If your visa was cancelled under section 128 while you were outside Australia and you are given the notice of cancellation once you are in Australia (for example on arrival at the airport), the window to ask for the cancellation to be reconsidered while you remain in Australia is just 5 minutes. If you leave Australia as soon as possible, the period is 28 days, and it is also 28 days if you are outside Australia when given the notice (regulation 2.46).

Building your response

A good response deals with two questions: does the ground for cancellation really exist, and even if it does, why should your visa stay? Points worth working through with your lawyer include:

• Is the ground actually made out? For example, what documents prove your identity, show that you complied with your conditions, or show that your intentions have been genuine all along?
• How did the situation arise? Explain the background, and whether the problem was outside your control.
• Your reasons for being in Australia, and the family, work, business and community ties you have built here.
• Hardship. The financial, emotional, psychological or other hardship that cancellation would cause you and your family, and whether family members’ visas would be cancelled too.
• Children and Australia’s international obligations. Whether a child would be affected, and whether you fear serious harm if you are returned to your home country.
• Family violence, if you have experienced it.
• Criminal charges. The status of any charges and how you intend to plead. Where you have done the wrong thing, accepting responsibility usually counts for more than minimising it.
• Your history with the Department. Whether you have been honest and cooperative, and whether you came forward voluntarily.
• What cancellation would mean for you: becoming unlawful, detention, removal, and the effect on future visa applications.
• Support from others. Letters from employers, community groups, family members and others who can speak for you, and anything compassionate in your background the decision-maker should know.

Character cancellations and revocation

Under section 501(3A), the Minister must cancel a visa if the holder is serving a full-time sentence of imprisonment and does not pass the character test because of a substantial criminal record (which includes a sentence of 12 months or more) or sexually based offences involving a child. There is no notice before this kind of cancellation.

Instead, the person is invited to ask for the cancellation to be revoked under section 501CA. The representations must be in writing and made within 28 days after the notice is given (regulation 2.52). Our guide to visa cancellation and the character test explains this process in more detail.

Your review rights, deadlines and fees

Many cancellation decisions can be reviewed on their merits by the Administrative Review Tribunal (ART), which has replaced the former Administrative Appeals Tribunal (AAT). Whether you have review rights, and how long you have, depends on the type of decision and where you are:

• Section 109 and 116 cancellations made while you are in Australia are generally reviewable by the ART (section 338). The application must be made within 28 days after you are notified, or within 14 days if you are in immigration detention when notified (section 347). The ART cannot extend these deadlines.
• Character decisions by a delegate, including a decision not to revoke a mandatory cancellation, must be taken to the ART within 9 days after you are notified if you are in Australia (section 500).
• Decisions made by the Minister personally, and cancellations made while you are outside Australia, generally have no merits review. The remaining option may be judicial review in the courts if the decision was legally wrong.

The decision letter should tell you whether review is available and the deadline. The ART application fee for most migration decisions is currently $3,727. It is indexed each 1 July (regulations 4.13 and 4.13A), and the ART can reduce it by 50% if paying the full fee would cause you financial hardship (regulation 4.13(4)). Our ART appeal process guide explains what happens after you apply.

What a cancellation means for future applications

A cancellation can affect your options for years, so it is worth understanding the main consequences:

• The section 48 bar. If your visa is cancelled while you are in Australia (for example under section 109 or 116) and you do not hold another substantive visa, you can only apply onshore for the visa classes listed in regulation 2.12. Those include Partner (Temporary) and Partner (Residence), protection visas and bridging visas, among others. The bar has no fixed end date: it applies while you remain in Australia without a substantive visa, and leaving Australia ends it. It is separate from the three-year exclusion periods described next. Our article on section 48 bar exemptions covers this in detail.
• PIC 4013: a three-year exclusion after certain cancellations. Where a visa was cancelled on specified grounds, including incorrect information under section 109, a breach of certain visa conditions, working without permission, or a risk to the community under section 116(1)(e), PIC 4013 prevents the grant of a visa that requires it for three years after the cancellation, unless the Minister is satisfied that compelling or compassionate circumstances justify grant.
• PIC 4014: a three-year exclusion after leaving unlawfully. This applies to someone who left Australia as an unlawful non-citizen, or on a Bridging C, D or E visa, unless they left (or were granted that bridging visa) within 28 days after their substantive visa ended. The same waiver for compelling or compassionate circumstances is available.
• Character cancellations. A section 501 cancellation that has not been revoked can bar many future visas.

PIC 4013 and 4014 only apply to visas whose rules include them. Many temporary visas do, such as visitor, student and skilled work visas.

PIC 4013 and 4014 do not apply to partner visas

PIC 4013 and 4014 don’t apply to partner visas (subclasses 309, 100, 820 and 801), so a past cancellation doesn’t by itself mean a three-year wait before applying for a partner visa.

The same goes for having left Australia unlawfully. For many people with a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, a partner visa remains an available pathway after a cancellation.

That doesn’t mean a cancellation is irrelevant. Other rules still apply to partner visas:

• Applying in Australia without a visa. If you apply for a partner visa in Australia (subclass 820/801) and no longer hold a substantive visa, extra rules apply unless there are compelling reasons not to apply them. Among other things, you generally need to apply within 28 days after your last visa ended, show that you are without a visa because of factors beyond your control, and show compelling reasons for the visa to be granted.
• False or misleading information. This rule does apply to partner visas. A partner visa can be refused if a false document or false or misleading information is given in the application, or in relation to a visa held in the 12 months before applying. A refusal for that reason in the last 3 years, or a refusal on identity grounds in the last 10 years, can also count against you. Parts of this rule can be waived in compelling or compassionate circumstances.
• Character. Every partner visa applicant must meet the character requirements.
• Applying from outside Australia after time here. If you apply from outside Australia (subclass 309/100) and have been in Australia before, extra return rules apply. They cover, for example, a character cancellation that has not been revoked and removal from Australia in the last 12 months.

Every case turns on its own facts, so get advice before you lodge. Our partner and family team regularly advises people with a cancellation in their history, and you can check the basics with our partner eligibility tool.

When to get advice

Cancellation is serious, and the earlier you get advice, the more options you are likely to have. Get advice as soon as you think you may be affected, or receive any of the following:

• a NOICC or any letter saying the Department is considering cancelling your visa;
• a notice that your visa has been cancelled, especially if review rights and a deadline are mentioned;
• a notice inviting you to seek revocation of a character cancellation;
• a refusal of a new visa that mentions a past cancellation, PIC 4013, PIC 4014 or PIC 4020.

Choose a registered migration lawyer or agent. If cost is a barrier, legal aid commissions and community legal services may be able to help or refer you; in Victoria, these include Victoria Legal Aid, Refugee Legal and the Asylum Seeker Resource Centre.

Talk to Rise about a visa cancellation

Our visa cancellations practice prepares responses to cancellation notices, revocation requests and ART review applications, and advises on what comes next, including partner visa options after a cancellation. If you have received a notice or your visa has been cancelled, book a consultation as soon as possible so we can review your deadline and your options.

Sources

• Federal Register of Legislation, Migration Act 1958 (compilation in force from 8 October 2026): sections 48, 107, 109, 116, 117, 119 to 123, 128, 189, 338, 347, 500, 501 and 501CA, checked 15 October 2026.
• Federal Register of Legislation, Migration Regulations 1994 (compilation in force from 2 October 2026): regulations 2.12, 2.43, 2.44, 2.46, 2.52, 4.13 and 4.13A; Schedule 2 clauses 100.222, 309.225, 309.226, 801.223, 801.226, 820.211, 820.223 and 820.226; Schedule 3 criteria 3001, 3003 and 3004; Schedule 4 criteria 4013, 4014 and 4020; Schedule 5 criteria 5001 and 5002, checked 15 October 2026.
• Administrative Review Tribunal, Immigration and citizenship (application fees), checked 15 October 2026.
• Law Institute of Victoria, Visa Cancellations under s116: Information for Clients (fact sheet, issued 2 July 2026).