# Whether to cancel visa—incorrect information or bogus document (Act, s 109(1)(c))

> reg-2.41 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.41 Whether to cancel visa—incorrect information or bogus document (Act, s
         109(1)(c))
               For the purposes of paragraph 109(1)(c) of the Act, the following circumstances
               are prescribed:
                 (a) the correct information;
                 (b) the content of the genuine document (if any);
                 (c) whether the decision to grant a visa or immigration clear the visa holder
                      was based, wholly or partly, on incorrect information or a bogus document;
                 (d) the circumstances in which the non-compliance occurred;
                 (e) the present circumstances of the visa holder;
                  (f) the subsequent behaviour of the visa holder concerning his or her
                      obligations under Subdivision C of Division 3 of Part 2 of the Act;
                 (g) any other instances of non-compliance by the visa holder known to the
                      Minister;
                 (h) the time that has elapsed since the non-compliance;
                  (j) any breaches of the law since the non-compliance and the seriousness of
                      those breaches;
                 (k) any contribution made by the holder to the community.
               Note:     Under s. 109 of the Act, the Minister may cancel a visa if there was non-compliance by
                         the holder of a kind set out in Subdivision C of Division 3 of Part 2 of the Act. The
                         Minister is to have regard to the prescribed circumstances in considering whether to
                         cancel the visa.

Subdivision 2.9.2—Cancellation generally