List the grounds on which a visa may be cancelled
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the grounds on which the Minister may cancel a visa, and stop before any prescribed circumstance. Record each limb of the principal list: a grant based wholly or partly on a fact or circumstance that is no longer the case or no longer exists; a grant based wholly or partly on a fact or circumstance that did not exist; the holder has not complied with a condition; another person required to comply has not complied; where the holder has not entered Australia, or has entered but has not been immigration cleared, the visa would be liable to cancellation under the incorrect-information subdivision if the holder had entered and been cleared; the holder's presence is or may be, or would or might be, a risk to the health, safety or good order of the Australian community or a segment of it, or to the health or safety of an individual or individuals; the visa should not have been granted because the application or the grant contravened this Act or another Commonwealth law; for a student visa, the holder is not or is likely not to be a genuine student, or has engaged, is engaging, or is likely to engage, while in Australia, in conduct including omissions not contemplated by the visa; and a prescribed ground. Record the further powers to cancel where the Minister is not satisfied as to identity; where incorrect information was given by or on behalf of the holder to an officer, an authorised system, the Minister, any other person or a tribunal performing a function or purpose under the Act, or any other person or body in an administrative process related to the Act, and was taken into account in a decision that enabled a valid application or a decision to grant a visa, and the giving is not covered by that subdivision, whenever the information was given and whether that visa is the current visa or a previous visa; and where a benefit was asked for or received from another person, or offered or provided to another person, in return for a sponsorship-related event. Record that the last of those applies whether or not the holder then held the visa, whether or not the event relates to the current visa or a previous visa, and whether or not the event occurred. Record that the regulations may prescribe matters the Minister must, must not, or may have regard to, and the weight of a prescribed matter, and that this does not limit other matters. Record that the Minister is not to cancel under the stated powers if prescribed circumstances exist in which a visa is not to be cancelled, and must cancel if prescribed circumstances exist in which a visa must be cancelled. Do not define benefit or sponsorship-related event. Do not decide that the Minister is satisfied. Do not decide that the visa is cancelled.
- What the lawyer must review
- The lawyer decides whether a ground is met and whether cancellation follows. Section 116 of the Migration Act 1958 (Cth) sets out when the Minister may cancel a visa, subject to subsections (2) and (3). The principal list is subsection (1), including the student-visa limb and a prescribed ground. Further powers cover identity, incorrect information falling outside Subdivision C, and a benefit asked for, received, offered or provided in return for a sponsorship-related event. Subsection (1A) lets the regulations prescribe matters the Minister must, must not, or may have regard to, and the weight of a prescribed matter. Subsection (1B) says that does not limit other matters. Subsection (2) says the Minister is not to cancel if prescribed circumstances exist in which a visa is not to be cancelled. Subsection (3) says the Minister must cancel if prescribed circumstances exist in which a visa must be cancelled. Those regulations, Subdivision C, and section 245AQ were not opened. Benefit has a meaning affected by section 245AQ, and sponsorship-related event has the meaning given by that section, so neither is defined. The tool does not decide that the Minister is satisfied and does not decide that the visa is cancelled. This task does not answer a notice and does not draft representations.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | List the grounds on which the Minister may cancel a visa, and stop before any prescribed circumstance. Record each limb of the principal list: a grant based wholly or partly on a fact or circumstance that is no longer the case or no longer exists; a grant based wholly or partly on a fact or circumstance that did not exist; the holder has not complied with a condition; another person required to comply has not complied; where the holder has not entered Australia, or has entered but has not been immigration cleared, the visa would be liable to cancellation under the incorrect-information subdivision if the holder had entered and been cleared; the holder's presence is or may be, or would or might be, a risk to the health, safety or good order of the Australian community or a segment of it, or to the health or safety of an individual or individuals; the visa should not have been granted because the application or the grant contravened this Act or another Commonwealth law; for a student visa, the holder is not or is likely not to be a genuine student, or has engaged, is engaging, or is likely to engage, while in Australia, in conduct including omissions not contemplated by the visa; and a prescribed ground. Record the further powers to cancel where the Minister is not satisfied as to identity; where incorrect information was given by or on behalf of the holder to an officer, an authorised system, the Minister, any other person or a tribunal performing a function or purpose under the Act, or any other person or body in an administrative process related to the Act, and was taken into account in a decision that enabled a valid application or a decision to grant a visa, and the giving is not covered by that subdivision, whenever the information was given and whether that visa is the current visa or a previous visa; and where a benefit was asked for or received from another person, or offered or provided to another person, in return for a sponsorship-related event. Record that the last of those applies whether or not the holder then held the visa, whether or not the event relates to the current visa or a previous visa, and whether or not the event occurred. Record that the regulations may prescribe matters the Minister must, must not, or may have regard to, and the weight of a prescribed matter, and that this does not limit other matters. Record that the Minister is not to cancel under the stated powers if prescribed circumstances exist in which a visa is not to be cancelled, and must cancel if prescribed circumstances exist in which a visa must be cancelled. Do not define benefit or sponsorship-related event. Do not decide that the Minister is satisfied. Do not decide that the visa is cancelled. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List only the grounds and powers in the opened section. Do not add a ground.
- Keep the prescribed-circumstance rules in subsections (2) and (3) as blocks. Do not say a cancellation is open or required.
- Do not define benefit or sponsorship-related event. Do not decide satisfaction or cancellation.
Sources
- Migration Act 1958 (Cth) s 116, power to cancel · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.