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When your visa is cancelled under the general power to cancel of S116(1) and you are inside Australia

You may have:

  • Been granted a visa based on circumstances that no longer exist or that have changed
  • Been granted a visa based on circumstances that never existed
  • Failed to comply with your visa conditions
  • Been identified as a risk to the health, safety or good order of the Australian community
  • Been granted a visa in contravention of the Migration or other laws of the Commonwealth
  • Been granted a student visa and
    • You are not likely to be a genuine student
    • Engaging in conduct not contemplated by a student visa holder
  • Met certain prescribed ground for cancellation. Please contact our office to learn more.

 

You will:

  • Receive a warning (NOICC) before your visa will be cancelled
  • Have 5 working days to respond. Exemptions Apply
  • Receive a written cancellation notice
  • Be advised in the cancellation notice of your Review Rights
  • Not necessarily receive a notice if your visa is not cancelled

 

Note:

  • Immigration applies discretionary factors when considering to cancel your visa
  • If you hold a permanent visa, S116(1) cannot be used to cancel your visa whilst you are inside Australia. However, if you are outside Australia it may be cancelled under S116(1)

You must:

On receipt of a NOICC contact our office immediately as a matter of urgency to avoid serious consequences.

 

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