Act immediately! You must submit a well-prepared response within the given timeframe, supported by strong legal arguments and evidence to challenge the cancellation.
s116 Visa Cancellations & Notices of Intent to Consider Cancellation (NOICC)
Have You Received a Visa Cancellation Under Section 116 of the Migration Act 1958?
Section 116 of the Migration Act 1958 grants the Minister and their delegates broad powers to cancel visas. Common reasons for cancellation under s116 include:
- Providing incorrect or misleading information when applying for a visa.
- A change in circumstances that affects the basis on which the visa was granted.
- Failure to comply with visa conditions during the visa period.
- Posing a risk to the health, safety, or good order of individuals or the Australian community.
Increasing Use of s116 for Visa Cancellations
There has been a rise in visa cancellations based on health, safety, and good order grounds. This can include:
- Allegations of domestic violence.
- Criminal conduct, regardless of whether a formal charge has been filed.
If you receive a Notice of Intention to Consider Cancellation (NOICC), you must act quickly and strategically to prevent your visa from being cancelled.
What Are Your Next Steps?
1. Prepare a Strong Response
- A well-prepared and legally sound response must be submitted to the Department of Home Affairs.
- Supporting documentation should be provided to strengthen your case.
2. Seek Review at the Administrative Review Tribunal (ART)
- If your visa has been cancelled, you may have the right to appeal the decision at the ART.
- AAT reviews have strict deadlines, and missing the deadline will result in loss of appeal rights.
How Global Vision Migration Can Assist You
At Global Vision Migration, we specialize in visa cancellations and appeals. Our team will:
- Assess the grounds for cancellation and advise on your legal options.
- Prepare a strong submission to prevent the cancellation of your visa.
- Challenge visa cancellations at the Administrative Review Tribunal (ART).
- Gather supporting evidence and present legal arguments to advocate for your case.
- Represent you at hearings before the Department, Tribunal, or Courts.
Need Help with a Visa Cancellation?
If your visa is at risk of cancellation, contact Global Vision Migration immediately for expert legal representation.
Book a consultation today to discuss your case and explore the best course of action to protect your visa status.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs fors s116 Visa Cancellations
Yes, you may be able to appeal to the Administrative Appeals Tribunal (AAT) if eligible. However, strict deadlines apply, so seeking urgent legal assistance is critical.
You may be able to appeal, request ministerial intervention, or apply for another visa depending on your circumstances. Time is crucial, so act fast.
Immediately! Delays can limit your legal options. Book a consultation today to explore your best course of action and protect your visa status.
