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GrokVisa cancellation in Australia usually starts with a letter: a notice that the Department is considering cancelling your visa, often called a NOICC (notice of intention to consider cancellation). If you are in Australia and the Department is considering cancellation under section 116 of the Migration Act, the law generally gives you 5 working days to respond in writing. What happens next depends on the power being used and where you are when it is used.
A notice like this is frightening, especially when your home, work or family is here. It is not yet a decision, and the time you have is the most valuable thing in front of you. This guide covers the non-character powers. Character cancellations under section 501 follow different rules, which we explain in our guide to the section 501 character test.
| Item | Fact |
|---|---|
| Main non-character powers | Sections 109, 116 and 128, plus the Minister’s personal powers in 133A and 133C |
| Time to respond to a section 119 notice (section 116) in Australia | 5 working days |
| Time to respond to a section 107 notice (section 109) | 14 days for a permanent visa; a stated, reasonable period for a temporary visa |
| Your status after cancellation | Unlawful non-citizen, unless you hold another visa in effect |
| ART review deadline | 28 days after notification, or 14 days in immigration detention |
| ART application fee | $3,727 for most non-protection decisions, or 50% if financial hardship is accepted; from 1 November 2026, generally $1,863.50 for a protection visa cancellation |
| Not reviewable by the ART | Decisions made personally by the Minister, or while you were outside Australia or in immigration clearance |
Source: Migration Act 1958, sections 15, 107, 338 and 347, compilation in force from 8 October 2026 (cited provisions unchanged at 2 November 2026); Migration Regulations 1994, regulations 2.44 and 4.13, compilation in force from 2 October 2026 (cited provisions unchanged at 2 November 2026); Migration Amendment (2026 Measures No. 1) Regulations 2026, Schedule 1 item 1 (regulation 4.31B), in force from 1 November 2026; ART fees, as at 2 November 2026.
The main cancellation powers
The Department’s cancelling a visa page says: “If you are in Australia or going through immigration clearance, we will usually tell you of our intention to consider cancelling your visa.” Which notice you get, and what follows, depends on the power.
| Power | What it is used for | Notice before cancelling? |
|---|---|---|
| Section 109 | Incorrect information or bogus documents, in breach of sections 101 to 105 | Yes, a section 107 notice |
| Section 116 | The grounds listed in section 116, such as changed circumstances, a condition breach or risk to the community | Yes, a section 119 notice |
| Section 128 | A section 116 ground while you are outside Australia | No; notice comes after, under section 129 |
| Sections 133A and 133C | The Minister personally, on section 109 or 116 grounds, in the public interest | Not always |
| Section 140 | Your visa depended on a family member’s visa that was cancelled | No |
| Section 501 | Character | See our section 501 guide |
Source: Migration Act 1958, sections 107 to 140, compilation in force from 8 October 2026 (cited provisions unchanged at 2 November 2026).
Section 109 covers the duties to give correct information in your application and passenger card, not to give bogus documents, and to tell the Department about changes in circumstances. It applies whether the non-compliance was “deliberate or inadvertent” (section 111). Section 113 adds that, if you complied with those sections, the visa cannot be cancelled under this power “because of any matter that was fully disclosed in so complying.”
Section 116 is the general power. The Minister may cancel if satisfied, among other things, that the grant was based on “a particular fact or circumstance that is no longer the case or that no longer exists”, that the holder “has not complied with a condition of the visa”, or that the holder’s presence “is or may be, or would or might be, a risk to” the health, safety or good order of the community. Later subsections add identity (116(1AA)), incorrect information outside section 109 (116(1AB)) and paying or receiving a benefit for sponsorship (116(1AC)). Some grounds make cancellation mandatory for most visas under section 116(3) and regulation 2.43(2), including an ASIO assessment that the holder is a security risk.
Permanent residents have one protection. Section 117(2) says “A permanent visa cannot be cancelled under subsection 116(1)” if the holder is in Australia and “was immigration cleared on last entering Australia.” It does not stop the other powers.
The NOICC and how long you have to respond
The response window is set by law, and it is short.
| Notice | Your situation | Time to respond | Law |
|---|---|---|---|
| Section 119 (s116) | In Australia | 5 working days, extendable by 5 working days | r 2.44 |
| Section 119 (s116) | Outside Australia, considered in Australia | 28 days | r 2.44(2)(b)(i) |
| Section 119 (s116) | In immigration clearance | Ends when, or before, you leave immigration clearance | s125 |
| Section 107 (s109) | Permanent visa | 14 days | s107(1A)(b) |
| Section 107 (s109) | Temporary visa | A reasonable period stated in the notice (no period is prescribed) | s107(1A)(a) |
| Section 129 (after s128) | Outside Australia | 28 days | r 2.46(a) |
| Section 129 (after s128) | In Australia | 5 minutes if reconsidered here; 28 days if you leave as soon as possible | r 2.46(b) |
| Request under s133A(1) or s133C(1) | Any | 28 days after the request | r 2.49A |
Source: Migration Act 1958, sections 107, 121 and 125, compilation in force from 8 October 2026 (cited provisions unchanged at 2 November 2026); Migration Regulations 1994, regulations 2.44, 2.46, 2.49A and 2.55, compilation in force from 2 October 2026 (cited provisions unchanged at 2 November 2026).
The 5 working days run from when you are notified, and the regulations decide when that is. Under regulation 2.55, a notice sent by email is received “at the end of the day on which the document is transmitted”. One posted within Australia is received “7 working days … after the date of the document”. Not when you happen to open it. Different rules apply if you are in immigration detention.
An extension is possible but not automatic. Section 121(4) says the period “may be extended by the Minister”, and regulation 2.44(3) sets the extension at 5 working days. If you do not respond in time, section 123 allows the Minister to decide “without taking any further action about the information.”
What a response usually needs to address
The law tells you what the decision maker looks at. A section 119 notice invites you to show “that: (i) those grounds do not exist; or (ii) there is a reason why it should not be cancelled.” A section 107 notice asks you to show there was no non-compliance, or to give reasons for it and show cause why the visa should not be cancelled.
For section 109, regulation 2.41 lists the circumstances the Minister must consider, including “the correct information”, “the present circumstances of the visa holder”, “the time that has elapsed since the non-compliance” and “any contribution made by the holder to the community”. A response to a section 116 notice can address both the ground itself and your circumstances, such as family in Australia, how long you have lived here and what cancellation would mean for you.
If the alleged breach is about work conditions, regulations 2.43A and 2.43B matter. The Department says it “may not cancel your visa if there is evidence that you have been subject to workplace exploitation”, where that is supported by the relevant certification.
What happens to your status and any bridging visa
If your visa is cancelled, several things happen at once.
| What changes | What the law says | Law |
|---|---|---|
| Your status | You become an unlawful non-citizen unless you hold another visa in effect | Act s15 |
| Detention | An officer who knows or reasonably suspects you are unlawful “must detain the person” | Act s189(1) |
| A bridging visa for a pending application | It ends with the cancellation | Sch 2 cl 010.511(1)(b)(vi), 020.511(1)(b)(vi) |
| Your family’s visas | Visas held as a member of your family unit are also cancelled | Act s140(1) |
| New applications in Australia | Limited to prescribed classes | Act s48 |
| Future visas | A 3-year exclusion may apply for some grounds | Sch 4, PIC 4013 |
Source: Migration Act 1958, sections 15, 48, 140 and 189, compilation in force from 8 October 2026 (cited provisions unchanged at 2 November 2026); Migration Regulations 1994, Schedules 2 and 4, compilation in force from 2 October 2026 (cited provisions unchanged at 2 November 2026).
The bridging visa row surprises people. If you have a partner or skilled application pending, the bridging visa A attached to it is not a safety net. The Department says: “If we cancel your current visa your Bridging Visa will cease at the same time.”
What usually keeps you lawful after a cancellation is a bridging visa E. The Department says “If we cancel your visa, you may be eligible for a Bridging Visa E”, and the regulations allow one where you have applied, or will apply, for merits review of the cancellation (clause 050.212(4)). That BVE generally lasts until 35 days after the Tribunal decides (clause 050.513). Our guide to the bridging visa E covers its conditions and work rights. After a section 109 or 116 cancellation, section 48 also limits what you can lodge while you hold no substantive visa, which we explain in our guide to the section 48 bar.
Review rights and time limits by power
Whether you can go to the Administrative Review Tribunal (ART) depends on who made the decision and where you were. Section 338(3) makes a cancellation reviewable if you were “in the migration zone at the time of the cancellation”, unless it was made in immigration clearance, under section 133A or 133C, or “personally by the Minister”.
| Decision | ART review? | Time limit | Law |
|---|---|---|---|
| Section 109 or 116 by a delegate, while you were in Australia | Yes | 28 days after notification; 14 days if in detention | s338(3), s347(3) |
| Cancellation while you were in immigration clearance | No | Judicial review, 35 days from the decision notice | s338(3)(b), s477 |
| Section 128, while you were outside Australia | No | Revocation request, 28 days | s338(3), r 2.46(a) |
| Made personally by the Minister, including s133A and s133C | No | Judicial review, 35 days from the decision notice; a revocation request, 28 days, if cancelled without notice | s338(3)(c), (d), s477, s133F, r 2.49A(2) |
| A bridging visa cancelled while you are detained because of it | Yes, with no fee | 14 days | s338(4)(b), s347(3)(a), r 4.13(2) |
| A protection visa cancelled by a delegate | Yes, in most cases | 28 days; 14 days if in detention | s338A(1)(d), s347(3) |
| Section 501 (character) | Different rules | 9 days if you are in Australia | s500(6B) |
Source: Migration Act 1958, sections 133F, 338, 338A, 347, 477 and 500, compilation in force from 8 October 2026 (cited provisions unchanged at 2 November 2026); Migration Regulations 1994, regulations 2.46, 2.49A and 4.13, compilation in force from 2 October 2026 (cited provisions unchanged at 2 November 2026); Migration Amendment (2026 Measures No. 1) Regulations 2026, regulation 4.31B, in force from 1 November 2026.
A section 116 cancellation made while you are outside Australia is not reviewable by the ART either. Three rules sit behind that table. The Tribunal cannot extend the time: section 347(5) excludes its extension power, and the ART says “We have no power to extend the time limit to apply for a review.” You must be “physically present in the migration zone” when you apply (section 347A(2)). And for a non-protection cancellation, the fee of $3,727 (or 50% of it, if you are asking for a financial hardship reduction) has to be paid by the deadline. From 1 November 2026, a review of a protection visa cancellation generally needs an upfront fee too: $1,863.50, half the standard fee, with no fee if you are in immigration detention and no reduction for hardship (regulation 4.31B). The 35-day judicial review periods can be extended by the court (section 477(2)); the ART deadline cannot.
Missing the ART deadline can close the usual court route as well: under section 476(2)(a) and (4), the Federal Circuit and Family Court has no jurisdiction over a decision that was reviewable by the ART, “whether or not it has been reviewed”. Our guide to visa refusal and cancellation appeals at the ART walks through the review itself.
Common mistakes after a cancellation notice
- Counting from the day you read the email. The regulations count from the end of the day it was sent (regulation 2.55(8)).
- Leaving Australia to “sort it out” from home. You must be physically in Australia to apply to the ART for most cancellations, and leaving ends a BVE.
- Assuming a pending application protects you. The bridging visa attached to it ends when your current visa is cancelled.
- Forgetting the family. Section 140(1) automatically cancels visas held by members of your family unit because of your visa.
- Not responding. Under section 123, silence allows a decision without any further step.
When it is worth getting legal advice
A cancellation notice is one of the situations where the order of steps matters most. Advice tends to be most valuable when:
- you have received a section 107 or section 119 notice and the response window is open;
- the ground involves incorrect information or bogus documents, which can also affect future applications under PIC 4020;
- your family members’ visas depend on yours;
- you are offshore, at the airport or in detention, where review rights and time limits differ;
- the visa has already been cancelled and the 28-day (or 14-day) ART deadline is running.
Our migration lawyers act on visa cancellations and Tribunal appeals, and can work to the deadline in your notice.
Frequently asked questions
What is a notice of intention to consider cancellation?
It is the Department’s written notice that there appear to be grounds to cancel your visa. Under section 119 it gives particulars of the grounds and invites you to show “those grounds do not exist” or that “there is a reason why it should not be cancelled”. It is not itself a cancellation.
How long do I have to respond to a visa cancellation notice?
For a section 116 notice received in Australia, 5 working days from when you are taken to have been notified, under regulation 2.44. For a section 107 notice (a possible section 109 cancellation), 14 days for a permanent visa, or a reasonable period stated in the notice for a temporary visa. Check the date in your notice.
Can a permanent visa be cancelled?
Yes, in some cases. Section 117(2) stops cancellation under section 116(1) while you are in Australia if you were immigration cleared on your last entry, but section 109, the other parts of section 116 and the character provisions are not limited in the same way.
Can I appeal a visa cancellation?
It depends on the decision. A cancellation by a delegate while you were in Australia, outside immigration clearance, is generally reviewable by the ART if you apply within 28 days of notification, or 14 days in detention. Decisions made personally by the Minister are not reviewable by the ART. Judicial review may be available, and if the Minister cancelled without notice under section 133A(3) or 133C(3), you will be invited to ask for the cancellation to be revoked (section 133F).
Can I ask the Department to cancel my own visa?
In some cases. The Department says: “If you are outside Australia, we can process requests for the voluntary cancellation of your visa.” It does not process requests for Visitor (600), Electronic Travel Authority (601), eVisitor (651) or Working Holiday (417) visas, permanent visas or other visas with less than 6 months’ validity.
What happens to my family if my visa is cancelled?
If they hold visas because they are members of your family unit, section 140(1) cancels them too. While you seek ART review of your cancellation, they may be eligible for a BVE of their own (clause 050.212(5)).
A realistic next step
The window to respond, and the window to seek review, are both measured in days. If a notice or a cancellation decision has arrived, book a consultation with our migration lawyers and bring the notice, the envelope or email it came in, and your visa grant letter.
About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is admitted as an Australian Legal Practitioner, and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application. Figures were current as of November 2026; always check immi.homeaffairs.gov.au before lodging.
