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Cancellation under section 116 – Failure to comply with conditions
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 & Border Protetion 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.
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. Section 20 Notice
A Section 20 Notice is generated via PRISMS (Provider Registration and International Students Management System) when a student is reported to DEEWR/DIBP for a breach of their student visa condition. The notice requires the student to present to DIBP within 28 days to explain why they have breached the relevant visa conditions
If you have received a Section 20 Notice you should immediately contact your Registered Migration Agent for urgent advice.
Voluntary Cancellation of Student Visas
It is important to seek professional advice prior to making another visa application or to voluntarily cancelling your student visa. Failure to get advice can result in severe damage to your immigration status which may impact your ability to apply for another visa.
Prior to voluntarily cancelling your student visa, always consult with your Registered Migration Agent who can assist you with the best strategy so as to avoid cutting off future visa options.