# Minister’s personal powers to cancel visas on section 109 grounds

> act-s133A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

133A Minister’s personal powers to cancel visas on section 109
         grounds

               Action by Minister—natural justice applies
          (1) If a notice was given under section 107 to the holder of a visa in
              relation to a ground for cancelling the visa under section 109, and
              the ART, former Administrative Appeals Tribunal, former
              Migration Review Tribunal or former Refugee Review Tribunal or
              a delegate of the Minister:
                (a) decided that the ground did not exist; or










                 (b) decided not to exercise the power in subsection 109(1) to
                     cancel the visa (despite the existence of the ground);
               the Minister may set aside that decision and cancel the visa, if:
                 (c) the Minister considers that the ground exists; and
                 (d) the visa holder does not satisfy the Minister that the ground
                     does not exist; and
                 (e) the Minister is satisfied that it would be in the public interest
                     to cancel the visa.
               Note:      The grounds for cancellation under section 109 are non-compliance
                          with section 101, 102, 103, 104 or 105.

          (2) The procedure set out in Subdivision C does not apply to a decision
              under subsection (1).

               Action by Minister—natural justice does not apply
          (3) The Minister may cancel a visa held by a person who has been
              immigration cleared (whether or not because of that visa) if:
                (a) the Minister is satisfied that a ground for cancelling the visa
                    under section 109 exists; and
               (b) the Minister is satisfied that it would be in the public interest
                    to cancel the visa.
               Note:      The grounds for cancellation under section 109 are non-compliance
                          with section 101, 102, 103, 104 or 105.

          (4) The rules of natural justice, and the procedure set out in
              Subdivision C, do not apply to a decision under subsection (3).
          (5) The Minister may cancel a visa under subsection (3) whether or
              not:
               (a) the visa holder was given a notice under section 107 in
                   relation to the ground for cancelling the visa; or
               (b) the visa holder responded to any such notice; or
               (c) the ART, former Administrative Appeals Tribunal, former
                   Migration Review Tribunal or former Refugee Review
                   Tribunal or a delegate of the Minister:
                     (i) decided that the ground did not exist; or









                      (ii) decided not to exercise the power in subsection 109(1)
                           to cancel the visa (despite the existence of the ground).
          (6) If a decision was made as mentioned in paragraph (5)(c), the power
              under subsection (3) to cancel a visa is a power to set aside that
              decision and cancel the visa.

               Minister’s exercise of power
          (7) The power in subsection (1) or (3) may only be exercised by the
              Minister personally.
          (8) The Minister does not have a duty to consider whether to exercise
              the power in subsection (1) or (3), whether or not the Minister is
              requested to do so, or in any other circumstances.
          (9) Subsection 138(4) does not prevent the Minister setting aside a
              decision of the ART, former Administrative Appeals Tribunal,
              former Migration Review Tribunal or former Refugee Review
              Tribunal or a delegate and cancelling a visa in accordance with this
              section.