Visa Appeals
Visa Cancellation Review
A visa cancellation removes a visa already granted. The consequences are immediate: a person without a substantive visa is generally an unlawful non-citizen and may be detained and removed. Cancellation review is more time-sensitive than refusal review, with windows of 28 days, 7 days in detention, or 9 days for character matters.
The NOICC stage matters most
For most discretionary cancellations, the Department issues a Notice of Intention to Consider Cancellation (NOICC) before any decision is made. The NOICC sets out the grounds the Department is considering, invites the visa holder to make submissions, and prescribes a response window — typically 5 to 28 days depending on the ground.
The NOICC stage is where most cancellations are won or lost. A targeted, evidenced response addressing the grounds head-on can persuade the Department not to proceed. A weak or absent response almost always results in cancellation, leaving the visa holder to litigate at the ART instead.
Cancellation categories
Each cancellation ground engages different statutory tests, evidence, and review pathways. The pages below cover the most frequently encountered categories.
Employer sponsored visa cancellation
Cancellation of SID, ENS, and 494 visas commonly follows sponsor non-compliance, breach of Condition 8607, or sponsorship sanctions. The 180-day grace period applies for SID holders.
Student visa cancellation
Subclass 500 cancellations follow Section 20 ESOS reports from education providers, breach of attendance and progress conditions, or work condition breach.
Regional skilled visa cancellation
Subclass 491 and 494 cancellations turn on Conditions 8579 and 8580, requiring residence, work, and study in a designated regional area. Cancellation interrupts the 191 permanent residence pathway.
Cancellation on incorrect information
Section 109 cancellations occur where the visa was granted on the basis of information that was incorrect at the time, even years after the original grant. Innocent error and agent fault are relevant considerations.
Statutory cancellation powers
The Migration Act 1958 contains multiple cancellation powers, each with distinct triggers, procedures, and review rights.
Section 116 — general cancellation
Discretionary cancellation by a Departmental delegate where prescribed grounds are made out. Common grounds include breach of visa condition, change of circumstances, and provision of incorrect information. Subject to NOICC procedure with ART merits review available within 28 days.
Section 109 — incorrect information
Cancellation where a visa was granted on the basis of information that was incorrect or non-disclosure of relevant material. Strict procedural requirements under regulation 2.41 of the Migration Regulations 1994. ART merits review available.
Sections 137Q and 137R — sponsor non-compliance
Cancellation of a sponsored visa where the sponsor fails to meet sponsorship obligations or where the sponsorship itself is terminated. Specific to employer-sponsored, family, and certain temporary visas.
Section 501 — character grounds
Discretionary cancellation under Section 501(2) where the visa holder fails the character test. Mandatory cancellation under Section 501(3A) where the visa holder has a substantial criminal record and is serving a custodial sentence.
Respond to a NOICC immediately
The NOICC response window is short and critical. Visa Plan Lawyers prepares NOICC responses to a hearing-ready standard, addressing each ground with evidence and submissions.
Visa cancellation review information is sourced from the Migration Act 1958 (sections 109, 116, 137Q, 137R, 501, 501CA), the Migration Regulations 1994, and the Administrative Review Tribunal Act 2024, current as at April 2026. Time limits and procedural rules are subject to change. This page provides general information only and does not constitute legal advice.