# Minister’s personal powers to cancel visas on section 116 grounds

> act-s133C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

133C Minister’s personal powers to cancel visas on section 116
         grounds

               Action by Minister—natural justice applies
          (1) If a notification was given under section 119 to the holder of a visa
              in relation to a ground for cancelling the visa under section 116,
              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 section 116 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 Minister’s power to cancel a visa under this subsection is subject
                          to section 117 (see subsection (9) of this section).

          (2) The procedures set out in Subdivisions E and F do 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 if:
               (a) the Minister is satisfied that a ground for cancelling the visa
                   under section 116 exists; and
               (b) the Minister is satisfied that it would be in the public interest
                   to cancel the visa.
               Note:      The Minister’s power to cancel a visa under this subsection is subject
                          to section 117 (see subsection (9) of this section).

          (4) The rules of natural justice, and the procedures set out in
              Subdivisions E and F, 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 notification under section 119 in
                   relation to the ground for cancelling the visa; or
               (b) the visa holder responded to any such notification; 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 section 116 to
                         cancel the visa (despite the existence of the ground); or
               (d) a delegate of the Minister decided to revoke, under
                   subsection 131(1), a cancellation of the visa in accordance
                   with section 128 in relation to 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) Section 117 applies in relation to the power in subsection (1) or (3)
              in the same way as it applies to the cancellation of a visa under
              section 116.
         (10) 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.