# Cancellation of visa if information incorrect

> act-s109 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

109 Cancellation of visa if information incorrect
          (1) The Minister, after:
               (a) deciding under section 108 that there was non-compliance by
                   the holder of a visa; and
               (b) considering any response to the notice about the
                   non-compliance given in a way required by
                   paragraph 107(1)(b); and
               (c) having regard to any prescribed circumstances;
              may cancel the visa.
          (2) If the Minister may cancel a visa under subsection (1), the Minister
              must do so if there exist circumstances declared by the regulations
              to be circumstances in which a visa must be cancelled.
          (3) If the Minister cancels a visa under subsection (1), the Minister
              must give the former holder of the visa a written notice that:
                (a) sets out the decision; and
                (b) specifies the ground for the cancellation; and
                (d) if the former holder has a right to have the decision reviewed
                     by application under Part 5—states:
                       (i) that the decision can be reviewed; and
                      (ii) the time in which the application for review may be
                           made; and
                     (iii) who can apply for the review; and








                      (iv) where the application for review can be made.
          (4) The notice under subsection (3) must be given in the prescribed
              way.
          (5) Failure to give notice of a decision does not affect the validity of
              the decision.
          (6) Section 267 (decision-maker must have regard to rules when
              giving notice of decision) of the ART Act does not apply in
              relation to notifications given under subsection (3) of this section.
          (7) Section 268 (requesting reasons for a reviewable decision from
              decision-maker) of the ART Act does not apply in relation to
              decisions to cancel a visa under this section.