Document ID: chunk:federal_register_of_legislation:C2024C00800:section:116:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 116 (pt 1/3)
Character Range: 313938–316425

116  Power to cancel
 (1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that:
 (a) the decision to grant the visa was based, wholly or partly, on a particular fact or circumstance that is no longer the case or that no longer exists; or
 (aa) the decision to grant the visa was based, wholly or partly, on the existence of a particular fact or circumstance, and that fact or circumstance did not exist; or
 (b) its holder has not complied with a condition of the visa; or
 (c) another person required to comply with a condition of the visa has not complied with that condition; or
 (d) if its holder has not entered Australia or has so entered but has not been immigration cleared—it would be liable to be cancelled under Subdivision C (incorrect information given by holder) if its holder had so entered and been immigration cleared; or
 (e) the presence of its holder in Australia is or may be, or would or might be, a risk to:
 (i) the health, safety or good order of the Australian community or a segment of the Australian community; or
 (ii) the health or safety of an individual or individuals; or
 (f) the visa should not have been granted because the application for it or its grant was in contravention of this Act or of another law of the Commonwealth; or
 (fa) in the case of a student visa:
 (i) its holder is not, or is likely not to be, a genuine student; or
 (ii) its holder has engaged, is engaging, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa; or
 (g) a prescribed ground for cancelling a visa applies to the holder.
 (1AA) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is not satisfied as to the visa holder's identity.
 (1AB) Subject to subsections (2) and (3), the Minister may cancel a visa (the current visa) if he or she is satisfied that:
 (a) incorrect information was given, by or on behalf of the person who holds the current visa, to:
 (i) an officer; or
 (ii) an authorised system; or
 (iii) the Minister; or
 (iv) any other person, or a tribunal, performing a function or purpose under this Act; or
 (v) any other person or body performing a function or purpose in an administrative process that occurred or occurs in relation to this Act; and
 (b) the incorrect information was taken into account in, or in connection with, making:
 (i) a decision that enabled the person to make a valid application for a visa; or