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If you hold an Australian visa it is very important to understand the processes leading to possible visa
cancellation, the powers under which a visa can be cancelled and the effect of visa cancellation in Australia.
Section 116 of the Migration Act 1958 creates a general power to cancel visas and provides, among others,
the following grounds for cancelling a visa -
• You have not complied with a condition of your visa
• The grounds on which the visa was granted to you no longer exist.
If the Department of Immigration & Citizenship intends to exercise its discretion to cancel an Australian visa
under section 116, they must first issue a notice of intention to consider cancellation to the visa holder and
give you an opportunity to respond.
Section 116(3) prescribes that a visa must be cancelled in certain circumstances, for example where a
student has not complied with their visa condition 8202 obligations to attend classes and achieve
satisfactory academic progress.
Procedural requirements for cancelling a visa under section 116 are often not followed by the Department of
Immigration & Citizenship.
If legislative procedure has not been followed then the cancellation of your visa may be invalid and your
cancellation may be overturned by application to the Migration Review Tribunal, the Federal Magistrates
Court or Federal Court.
Cancellation of Business Visas under s.134
The power applies to any visa class with the words 'Business Skills' as part of its visa title.
The review of the cancellation of business visas are conducted by the Administrative Appeals Tribunal (AAT)
and not by the Migration Review Tribunal (MRT). Immigration lawyers are usually expected to appear on
behalf of clients and conduct applications for review in the Administrative Appeals Tribunal due to the
formality of proceedings.