Section 116 Visa Cancellations: What You Need to Know

Look, if you have just received a Section 116 notice, I know exactly what you are feeling right now. That sick feeling in your stomach. The panic about what happens next. The fear that everything you have built here could disappear.

I have helped hundreds of clients in your exact position. Some came to me too late. Do not let that be you.

Section 116 of the Migration Act gives the Department of Home Affairs sweeping power to cancel almost any visa, whether temporary or permanent. But here is what they do not tell you in that notice: you have rights, you have options, and with the right response, many of these cancellations can be stopped.

Why Section 116 Cancellations Happen

The Department does not cancel visas randomly. They have specific triggers. Understanding which one applies to you is the first step in building your defence.

The most common grounds I see are:

• Condition breaches - Working more hours than allowed on a student visa, not notifying address changes, or working in prohibited industries

• Incorrect information - Something in your original application that the Department now considers false or misleading

• Changed circumstances - Your relationship ended, you lost your job, or something else shifted since your visa was granted

• Character concerns - Criminal matters or behaviour that raises red flags (this can overlap with Section 501 character matters)

• Health issues - Medical conditions discovered after visa grant

Here is what matters: the ground they cite determines your response strategy. Get this wrong and you are fighting the wrong battle.

The Notice Is Not the Cancellation

This is crucial. A Section 116 notice is a notice of intention to consider cancellation. It is not a done deal. The Department is required to give you an opportunity to respond before making a final decision.

That response window is everything. Usually 28 days, sometimes less. Miss it and you have lost your best chance to keep your visa.

I have seen people ignore these notices, thinking it will go away. It does not. I have seen people write emotional responses without addressing the actual legal grounds. That does not work either.

What a Strong Response Looks Like

A successful response does three things:

First, it directly addresses every ground the Department has raised. Not vaguely. Specifically. With evidence.

Second, it presents compelling reasons why cancellation would be disproportionate. Your ties to Australia, your contribution, your circumstances, the impact on you and others.

Third, it anticipates what the decision-maker is looking for. After 15 years of dealing with these matters, I know what works and what gets dismissed.

The Department reviews thousands of these responses. Yours needs to stand out for the right reasons.

When Section 116 Becomes Section 501

If your cancellation involves character grounds, pay attention. Section 116 character cancellations are one thing. But if your matter escalates to Section 501, you are in a different arena entirely.

Section 501 gives the Minister personal, non-delegable powers. The stakes are higher and the process is different. If there is any criminal history involved, we need to assess which pathway you are actually on.

What Happens If Your Visa Is Cancelled

If the Department proceeds with cancellation despite your response, you typically have appeal rights to the Administrative Appeals Tribunal (AAT). This is a merits review, meaning the Tribunal looks at your case fresh.

But here is the thing: a weak response to the original notice makes your AAT case harder. Everything you say (or fail to say) becomes part of the record. This is why getting it right the first time matters so much.

Time Is Not on Your Side

I have been practising immigration law for over 15 years. The pattern I see with Section 116 matters is this: the people who act fast and get proper legal advice have the best outcomes. The people who wait, who try to handle it themselves, who hope it might just sort itself out, those are the cases that end badly.

If you have received a Section 116 notice, or if you think one might be coming, do not wait. Book a consultation and let us assess exactly where you stand and what your options are.

Your visa is worth fighting for. But only if you fight smart.